Background.
The foothills of the Appalachian Mountains in Tennessee and Georgia were the dwelling place of the original members of the Cherokee Nation. They decentralized political decision-making to local towns and villages that were largely autonomous. The local villages and towns almost immediately began to encounter problems with the white settlers. Cherokee Nation started changing its traditional government structures by the early nineteenth century. In its place, they began adopting governing institutions similar to the United States. This was basically a defensive strategy of dissolving accusations that it was savage and hence had no justification for keeping its land. Cherokee Nation elected its delegates to constitutional convention in 1827. It was during the same year that it adopted its first constitution with a bill of rights, a bicameral legislature and a three branch government.
Despite the effort that the nation put, its relationship with the United States Government hit its lowest point. The infamous Trail of Tears was ordered in 1839 by Andrew Jackson which saw the evacuation of numerous Cherokees to Oklahoma. Another constitutional convention was organized and drafted by a dominant Cherokee faction on their arrival in Oklahoma. This faction drafted the second constitution of the nation which was largely based on the 1827 Georgia constitution.
Even though the nation suffered from instances of internal conflict during 1840s which was mainly influenced by the exclusion of various Cherokee political factions from the 1839 constitution-making process, Cherokee Nation soon entered into an age of prosperity. Numerous schools were established in the Nation together with a tribal newspaper and an economy which almost entirely kept poverty at bay. However, with the U.S. Civil War the period of prosperity ended abruptly. The Nation was forced to surrender its land with the signing of the 1866 Reconstruction Treaty which also saw its territory being opened to railroads. The Nation was under increasing pressure during the 1880s and 1890s from the United States to sell its land and to become integrated into a territory of the U.S. government. The Dawes Commission was formed in 1893 by the U.S. Government to establish a roll of the Oklahoma tribes so as to divide the land that the Nation had into individual allotments. Congress then passed legislation in 1898 which accelerated the process and formally mandating the abolition of the Cherokee government by 1906.
The nation operated without a government from 1907 to 1970. The government of the United States appointed a Principle Chief during this time whose function was only sign documents and approve leases. The Nation reconstituted and got recognition from the government of the United States in 1970.
Evolution of the Cherokees
The Cherokee nation was in existence for a thousand years before coming into contact with any foreign nation as a rich Native American culture. From a nation so much considered as barbaric by the Europeans, Cherokee Nation evolved to become a civilized democratic people within centuries of contact with the Europeans. European influence saw the traditional political structure of the Cherokee being transformed into a more civilized and representative system. It also saw numerous learning institutions being erected within the Nation. The evolution and transformation of Cherokee also depended so much on the choices that they made as a people. Throughout history, the political choices made by the Cherokee have had transformative impact on their own society. The reproduction of Native-American agency and how it mediated and refigured ideological structures essential in both the tribal nations and United States society is an important point of focus. With the coming of foreigners in their land, Cherokee people had to protect what they had cherished for generations. The resistance of the Cherokee to the domination of Europeans and later the United States has been centered on issues of self-determination, sovereignty and autonomy exuded in pan-Indian movement. A major source of social and political functionalism for this population has been racial identity. In this regard, racial ideologies cannot be divorced from the political integration of the Cherokee and the establishment of alliances within heterogeneous populations. It is important to note that Cherokee Nation was created following a desire of the Cherokee to form a distinctive identity and recognition amidst the turmoil that characterized European colonization of the Americas.
In this regard, the evolution and civilization of the Cherokee to a greater extent was influenced by external factors. Before they had contact with foreigners, Cherokee Indians had a distinct and simple political structure which corresponded with the dictates of the time and the environment. The political structure was flexible to the times as rulers were chosen to lead the people during specific periods. The towns had two distinct government structures. These were the white government and the red government. The white government operated during the time of peace and was therefore referred to as peace government. Red government on the other hand operated during the time of war. The society underwent radical transformations during the years when Europeans first came into contact with them. Even though the initial contact did not result in any serious political or social changes, the way that the society was structured began to experience gradual transformations which followed various major events. The Cherokee, considered barbarous evolved to become one of the most powerful and civilized Indian tribes with a more centralized and democratic government. In order to trace this transformation from a savage nation to a civilized people, it is important to consider the structure of the towns and how they changed over time.
Cherokee Indians existed in small communities that were mostly situated in fertile river bottoms. The homes were made of wooden frames engulfed in vines and saplings plastered with mud. This was to a greater extent typical of the savage villages that Europeans had come across. Every village was made up of up to fifty log and mud huts that were gathered around the town square. The town square was referred to as the Council House and it is here that public meetings and ceremonies were held. The Council House was constructed in such a way that it represented the seven clans that made up Cherokee Indians. As such, it was seven sided representing the Bird, Wolf, Blue, Paint, Deer, Long hair, and Wild Potato. Every tribe elected two chiefs whose mandates were to make decisions during the time of peace or war. As such, there was a War Chief and a Peace Chief. The chiefs were not absolute rulers as the process of decision-making was more democratic with tribal members being given the opportunity to voice their concerns. In this way, Cherokee Indians were probably the most democratic of the Indian tribes because of the way that major decisions were being made among them. The chief could not therefore impose his desires on the people neither could he be involved in decision making process alone. This democratic dimension of the society was not borrowed from the Europeans but was instead a consequence of internal political developments within the society. The society enjoyed relative peace but this was soon to change.
The transformation of the Cherokee people to a more civilized Nation was more of a reaction European expansion than a consequence of internal development. In this regard, the Europeans played a greater role in the transformation of the Cherokee from savages to civilized individuals. The traditional ways of the Cherokee radically changed after centuries of interaction with the United States. The United States tried to deliberately influence the institutions and way of life of the Cherokee in numerous ways. They directly influenced the ideological dispositions of the Cherokee both culturally and politically. For instance, the Cherokee established a tribal government during the eighteenth century in response to European expansion.
The government was based on the traditional town model.
In 1827, the Cherokee Nation adopted a constitution in which established a republican form of government. This remained active until it was abolished in 1906 by the United States Congress. One important aspect in all these transformations is that they took place when there was already mass contact between the Cherokee and the Europeans. Mass contact began with the expansion of the Europeans and the succeeding need for greater trade. The Cherokee were largely peaceful and advanced in political organization and democracy as compared to other native Indians. This view is supported by the fact that there was representation of the future generations in the political process even before contact with the Europeans. The presence of women was also encouraged during council meetings. As such, women were not looked down upon as with other cultures they were invited during council meetings.
Indian Removal Act and the Treaty of Echota
The act passed in 1829 by the legislature of Georgia which appropriated a large chunk of the Cherokee Nation and incorporated it into the state territory had massive consequences for the nation. The laws of the state were extended over some section of the Cherokee Nation which provided that every individual within the affected areas were subject to state laws. The act also made null and void the ordinances and regulations that had been enacted by the government of Cherokee Nation. It was illegal for any individual to justify under any of the tribal laws. With the discovery of Gold, the executive declared Cherokee lands to belong to the state, warning the Indians and other individuals involved with their consent to stop operating the mines. This set the stage for the removal act.
The United States Congress passed the Indian Removal Act in 1830 which saw the removal of thousands of Cherokee Indians to Oklahoma. Cherokee tried to fight removal laws legitimately by creating an independent Cherokee Nation and through the Supreme Court. The court ruled in favor of the Cherokee as it was considered as a sovereign state. The removal laws were therefore made invalid. As such, the Cherokee had to consent to removal by treaty. The senate would then ratify the treaty.
This issue brought division and despondence among the Cherokee by 1835. The majority were against white encroachment. Some however supported the removal. The first group was represented by John Ross while the second was represented by Major Ridge. Ridge and the Treaty Party signed the treaty of New Echota in 1835 which legitimated the removal of the First Americans. The fate of the Cherokee was sealed when Senate Ratified the Treaty. The removal of Cherokee Indians was started by 1838. This fulfilled the promise that the U.S government had made to Georgia in 1802.
Despite the effort that the nation put, its relationship with the United States Government hit its lowest point. The infamous Trail of Tears was ordered in 1839 by Andrew Jackson which saw the evacuation of numerous Cherokees to Oklahoma. Another constitutional convention was organized and drafted by a dominant Cherokee faction on their arrival in Oklahoma. This faction drafted the second constitution of the nation which was largely based on the 1827 Georgia constitution.
Even though the nation suffered from instances of internal conflict during 1840s which was mainly influenced by the exclusion of various Cherokee political factions from the 1839 constitution-making process, Cherokee Nation soon entered into an age of prosperity. Numerous schools were established in the Nation together with a tribal newspaper and an economy which almost entirely kept poverty at bay. However, with the U.S. Civil War the period of prosperity ended abruptly. The Nation was forced to surrender its land with the signing of the 1866 Reconstruction Treaty which also saw its territory being opened to railroads. The Nation was under increasing pressure during the 1880s and 1890s from the United States to sell its land and to become integrated into a territory of the U.S. government. The Dawes Commission was formed in 1893 by the U.S. Government to establish a roll of the Oklahoma tribes so as to divide the land that the Nation had into individual allotments. Congress then passed legislation in 1898 which accelerated the process and formally mandating the abolition of the Cherokee government by 1906.
The nation operated without a government from 1907 to 1970. The government of the United States appointed a Principle Chief during this time whose function was only sign documents and approve leases. The Nation reconstituted and got recognition from the government of the United States in 1970.
Evolution of the Cherokees
The Cherokee nation was in existence for a thousand years before coming into contact with any foreign nation as a rich Native American culture. From a nation so much considered as barbaric by the Europeans, Cherokee Nation evolved to become a civilized democratic people within centuries of contact with the Europeans. European influence saw the traditional political structure of the Cherokee being transformed into a more civilized and representative system. It also saw numerous learning institutions being erected within the Nation. The evolution and transformation of Cherokee also depended so much on the choices that they made as a people. Throughout history, the political choices made by the Cherokee have had transformative impact on their own society. The reproduction of Native-American agency and how it mediated and refigured ideological structures essential in both the tribal nations and United States society is an important point of focus. With the coming of foreigners in their land, Cherokee people had to protect what they had cherished for generations. The resistance of the Cherokee to the domination of Europeans and later the United States has been centered on issues of self-determination, sovereignty and autonomy exuded in pan-Indian movement. A major source of social and political functionalism for this population has been racial identity. In this regard, racial ideologies cannot be divorced from the political integration of the Cherokee and the establishment of alliances within heterogeneous populations. It is important to note that Cherokee Nation was created following a desire of the Cherokee to form a distinctive identity and recognition amidst the turmoil that characterized European colonization of the Americas.
In this regard, the evolution and civilization of the Cherokee to a greater extent was influenced by external factors. Before they had contact with foreigners, Cherokee Indians had a distinct and simple political structure which corresponded with the dictates of the time and the environment. The political structure was flexible to the times as rulers were chosen to lead the people during specific periods. The towns had two distinct government structures. These were the white government and the red government. The white government operated during the time of peace and was therefore referred to as peace government. Red government on the other hand operated during the time of war. The society underwent radical transformations during the years when Europeans first came into contact with them. Even though the initial contact did not result in any serious political or social changes, the way that the society was structured began to experience gradual transformations which followed various major events. The Cherokee, considered barbarous evolved to become one of the most powerful and civilized Indian tribes with a more centralized and democratic government. In order to trace this transformation from a savage nation to a civilized people, it is important to consider the structure of the towns and how they changed over time.
Cherokee Indians existed in small communities that were mostly situated in fertile river bottoms. The homes were made of wooden frames engulfed in vines and saplings plastered with mud. This was to a greater extent typical of the savage villages that Europeans had come across. Every village was made up of up to fifty log and mud huts that were gathered around the town square. The town square was referred to as the Council House and it is here that public meetings and ceremonies were held. The Council House was constructed in such a way that it represented the seven clans that made up Cherokee Indians. As such, it was seven sided representing the Bird, Wolf, Blue, Paint, Deer, Long hair, and Wild Potato. Every tribe elected two chiefs whose mandates were to make decisions during the time of peace or war. As such, there was a War Chief and a Peace Chief. The chiefs were not absolute rulers as the process of decision-making was more democratic with tribal members being given the opportunity to voice their concerns. In this way, Cherokee Indians were probably the most democratic of the Indian tribes because of the way that major decisions were being made among them. The chief could not therefore impose his desires on the people neither could he be involved in decision making process alone. This democratic dimension of the society was not borrowed from the Europeans but was instead a consequence of internal political developments within the society. The society enjoyed relative peace but this was soon to change.
The transformation of the Cherokee people to a more civilized Nation was more of a reaction European expansion than a consequence of internal development. In this regard, the Europeans played a greater role in the transformation of the Cherokee from savages to civilized individuals. The traditional ways of the Cherokee radically changed after centuries of interaction with the United States. The United States tried to deliberately influence the institutions and way of life of the Cherokee in numerous ways. They directly influenced the ideological dispositions of the Cherokee both culturally and politically. For instance, the Cherokee established a tribal government during the eighteenth century in response to European expansion.
The government was based on the traditional town model.
In 1827, the Cherokee Nation adopted a constitution in which established a republican form of government. This remained active until it was abolished in 1906 by the United States Congress. One important aspect in all these transformations is that they took place when there was already mass contact between the Cherokee and the Europeans. Mass contact began with the expansion of the Europeans and the succeeding need for greater trade. The Cherokee were largely peaceful and advanced in political organization and democracy as compared to other native Indians. This view is supported by the fact that there was representation of the future generations in the political process even before contact with the Europeans. The presence of women was also encouraged during council meetings. As such, women were not looked down upon as with other cultures they were invited during council meetings.
Indian Removal Act and the Treaty of Echota
The act passed in 1829 by the legislature of Georgia which appropriated a large chunk of the Cherokee Nation and incorporated it into the state territory had massive consequences for the nation. The laws of the state were extended over some section of the Cherokee Nation which provided that every individual within the affected areas were subject to state laws. The act also made null and void the ordinances and regulations that had been enacted by the government of Cherokee Nation. It was illegal for any individual to justify under any of the tribal laws. With the discovery of Gold, the executive declared Cherokee lands to belong to the state, warning the Indians and other individuals involved with their consent to stop operating the mines. This set the stage for the removal act.
The United States Congress passed the Indian Removal Act in 1830 which saw the removal of thousands of Cherokee Indians to Oklahoma. Cherokee tried to fight removal laws legitimately by creating an independent Cherokee Nation and through the Supreme Court. The court ruled in favor of the Cherokee as it was considered as a sovereign state. The removal laws were therefore made invalid. As such, the Cherokee had to consent to removal by treaty. The senate would then ratify the treaty.
This issue brought division and despondence among the Cherokee by 1835. The majority were against white encroachment. Some however supported the removal. The first group was represented by John Ross while the second was represented by Major Ridge. Ridge and the Treaty Party signed the treaty of New Echota in 1835 which legitimated the removal of the First Americans. The fate of the Cherokee was sealed when Senate Ratified the Treaty. The removal of Cherokee Indians was started by 1838. This fulfilled the promise that the U.S government had made to Georgia in 1802.
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