Claudia B. Haake, La Trobe University

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Transcription:

Claudia B. Haake, La Trobe University

} Focus on letters written to the federal government in the removal era by the Iroquois (c. 1830s to 50s, especially until mid-1840s) and by the Cherokees (c. 1820s to late 1830s)

} } } For the US: Pecuniary advantages for US Elimination of conflict between federal and state governments Better use of lands (substituting dense and civilized population for a few savage hunters ) For Native Americans: Enable Indians to pursue happiness in their own way and allow them to gradually become civilized Choice to emigrate beyond the Mississippi or submit to the laws of those States Also emphasized inevitability ( The waves of population and civilization are rolling to the westward ) and that legislation was in keeping with the US Constitution (i.e. lawful)

} 1826 Treaty of Buffalo Creek major land losses even though never ratified } 1838 Treaty of Buffalo Creek loss of Allegany, Cattaraugus, Buffalo Creek, Tonawanda in return for lands in Indian Territory } 1842 Treaty of Buffalo Creek ( Compromise Treaty ) restored Allegany and Cattaraugus } 1857 government permitted Tonawanda Senecas to buy back some lost lands

} Cherokee removal crises (McLoughlin): C. 1808-10 C. 1816-19 C. 1828-29 C. 1835-1838 } 1835 Treaty of New Echota, signed by unauthorized minority, US ratified it in 1836 } Forced removal (Trail of Tears) in 1838

} Civilization: Providing proof for (material, educational, moral advances) Argue removal would be counterproductive } Law Customary tribal US } Customary diplomacy, culture, and/or traditions

have houses and barns, horses + cattle, and the means of enjoyment are now in our power our ancient hunting grounds have been changed into productive farms and thriving villages and cities have made rapid advances in civilization, morality, religion We are not, like the western Indians, wanderers beyond the pale of civilization. Provide very little tangible proof (until 1836) Rely on white supporters instead? (Congressional debate around passage of removal bill dominated by Cherokee examples) very little mention of moral advances now poisoned by the bad fruits of the civilized Tree use even detrimental evidence to make a case for progress towards civilization Iroquois Cherokee

We believe that our comforts here are better than the Western territory can offer us Misery of white people who have gone there cannot go to west as they need civilized neighbors we have advanced to a point where we shall perish if we seek to return to the habits of our forefathers those Tribes who have been removed from their lands, and are now wandering over the wild and extended plains of the west their dispersion and ultimate extinction would inevitably follow feared lands would not be adequate to afford us all comfortable residency removal will be injuries wither [sic] in its immediate or remote consequences Iroquois Cherokees

United States law: Allegations of bribery, fraud, intimidation, breach of treaty clauses, etc Took cases to courts Iroquois law Open council and agreement Lack of authority or consent an endeavor to make the federal government respect the laws of the Haudenosaunee at beginning of removal crisis not unrealistic of the Iroquois to expect some respect for their laws and legal system in United States government circles United States law: Appeal to treaties, ask for protection under them, etc Took cases to courts Cherokee law New laws (many modelled on US law; e.g. 1827 Constitution) Lack of authority or consent an endeavor to make the federal government respect the laws of the Cherokees Cherokees, too, could reasonably expect at least some respect for their laws and legal system in United States government circles Iroquois Cherokee

Kinship terminology (Father, brother) Writing took over some of the functions of wampum (e.g. retaining and retelling) Avoiding direct blame if possible (concept of good talks ) Some appeals for pity (e.g. by invoking feebleness) Iroquois Cherokee

} Very little change over time as arguments remain more or less the same Iroquois } Focus on civilization less strict and at times paired with attempts to explain attachment to land } The Cherokee people will never consent to sell their freedom nor dispose of their heritage in the soil which moulders the bones of their ancestors } Refer to the birth places of his children & the graves of his ancestors Cherokees

Iroquois letters generally authored by groups of people, often in consultation with the tribe

Most Cherokee letters written by tribal leaders or delegates (on remit from tribe but with no additional consultation) From mid-1830s on, as pressure increased, majority of the tribe seems to have had more input in the letters

} Attempts to make federal government respect Native laws and traditions } Partly result of letter writing practices Masked Cherokee traditional practices and made them look more civilized than the majority really was