santly both to break down the notion that the Cherokees
were a "nation" to be dealt with through diplomatic channels, and to
extend over them, in effect, the full sovereignty of the State. In
December, 1828, the Legislature took the bold step of enacting that
all white persons in the Cherokee territory should be subject to the
laws of Georgia; that after June 1, 1830, all Indians resident in this
territory should be subject to such laws as might be prescribed for
them by the State; and that after this date all laws made by the
Cherokee Government should be null and void.
When Jackson became President he found on his desk a vigorous protest
against this drastic piece of legislation. But appeal to him was
useless. He was on record as believing, in common with most
southwesterners, that Georgia had a rightful jurisdiction over her
Indian lands; and his Secretary of War, Eaton, was instructed to say
to the Cherokee representatives that their people would be expected
either to yield to Georgia's authority or to remove beyond the
Mississippi. In his first annual message, on December 8, 1829, the
President set forth the principles that guided him from first to last
in dealing with the Indian problem. It would be greatly to the
interest of the Indians themselves, he said, to remove to the ample
lands that would be set apart for them permanently in the West, where
each tribe could have its own home and its own government, subject to
no control by the United States except for the maintenance of peace on
the frontier and among the tribes. Forcible removal was not to be
contemplated; that would be cruel and unjust. But every effort was to
be made to bring about a voluntary migration. One thing was to be
clearly understood: any tribe or group that chose to remain in Georgia
must submit to the laws of the State and yield its claim to all land
which had not been improved. The President was not indifferent to the
well-being of the red men; but he refused to recognize the Cherokees
as a "nation" having "rights" as against either Georgia or the United
States. A few weeks after the message was received Congress passed a
bill creating an Indian reservation beyond the Mississippi and
appropriating five hundred thousand dollars to aid in the removal of
such Indians as should choose to accept the offer of the Government.
The outlook for the Cherokees was now dark. Both the executive and
legislative branches of the Federal Government were c
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