rst Artillery.
Generals Worth and Floyd rendered important service in this campaign,
and their names should not be omitted.
It may be necessary, for a better understanding of the Cherokee Indian
difficulties, to add something more to what has been written. The
chief troubles which had arisen were in Georgia, and many
complications arose between the Indians and the whites. In a case
decided by the Supreme Court of the United States, the opinion being
rendered by Chief-Justice John Marshall, the status of these Indians
was thus defined: "Their relation is that of a nation claiming and
receiving the protection of one more powerful; not that of individuals
abandoning their national character and submitting as subjects to the
laws of a master."
Regarding the acts of Congress to regulate trade with the Indians the
Chief Justice said: "All these acts, and especially that of 1802,
which is still in force, manifestly consider the several Indian
nations as distinct political communities, having territorial
boundaries, within which their authority is exclusive, and having a
right to all the lands within those boundaries, which is not only
acknowledged but guaranteed by the United States." By one of the
treaties made by the United States Government with this tribe of
Indians, it was enacted and agreed that "the United States solemnly
guarantee to the Cherokee nation all their lands not hereby ceded,"
and, "that the Cherokee nation may be led to a greater degree of
civilization, and to become herdsmen and cultivators, instead of
remaining in a state of hunting, the United States will from time to
time furnish gratuitously the said nation with useful instruments of
husbandry." Acting under this treaty, a greater portion of the
Cherokees had become both cultivators and herdsmen, and rivaled their
white neighbors in both.
The trouble which arose in Georgia was from the fact that she claimed
the right to extend her criminal jurisdiction over these Indians, and
that the United States was bound to extinguish the Indian titles
within her borders. This claim of Georgia, persistently pressed,
caused the United States Government in 1802 to agree to purchase the
Indian lands, and remove them to some other territory. The Indians
resisted this action on the faith of treaties. Eventually a treaty was
made with a portion of the Cherokees by which they were to relinquish
their lands and accept lands across the Mississippi River. Many of the
|