OUTSIDE CONSTITUTIONAL PROTECTIONS AND PROMISES

1. OUTSIDE CONSTITUTIONAL PROTECTIONS AND PROMISES The Interrelated Fight for Constitutional Rights for Native Americans, Women, & Slaves

2. THE WORDS & THE HOPES From the Mouths and Pens of American Presidents ~Written and Compiled by Lorraine Griffith READERS’ THEATRE AND then THE REALITY

3. CHANGING PERCEPTIONS

4. JEFFERSON’S ENTRY WAY APPRECIATION & LAND HUNGER

5. CURIOSITY SHOP APPROACH NATIVE ARTIFACTS IN NATURAL HISTORY MUSEUM UNTIL NMAI BUILT

6. USE PRIMARY DOCUMENTS • See Catherine Beecher’s circular • NOTE: Women’s role in all social movements of the 19th century, including a fight against Indian Removal

7. CHEROKEES POLICY • Support of the French in the French & Indian War shifts to become more pro-British after the British King’s Proclamation of 1763. • Americans ignore the Proclamation so Cherokees come to see the colonists as their primary enemy • Cherokees largely side with the British after 1766

8. Cherokee Support for British • Provided refuge to fleeing Loyalists • Warriers raid frontiers of the American South • Those colonies respond with invasion which left great desolation, crop destruction. • 75L bounty paid for Cherokee scalps • Ends Cherokee participation in the Revolution • SURRENDER 20,000+ SQUARE MILES OF LAND BETWEEN 1776 & 1794 • HUNTING GROUNDS LARGELY GONE

9. FORMAL POLICY TO INDIANS The Cherokee Nation territory (along with all other tribes) fell within the borders of England’s land ceded to the U.S. in 1783 in the Treaty of Paris. Thus, US won England’s rights which included sovereign authority over all land and people SO…

10. CONQUERED NATION INDIAN POLICY • If England lost its lands, so did its Indian allies. • North of the Ohio River, Congress aggressively pursued this “Conquered nation” policy WITH CONGRESS IN CONTROL • In the South, “conquered nations” belong to the states. PART OF THE STATES’ RIGHTS DISCUSSION

11. Treaty of Hopewell - 1785 Defined Cherokees; boundaries & recognized their right to expel unwanted intruders • Georgia & N. Carolina protested saying Articles of Confederation denied Congress power to conduct relations with tribes within state boundaries • Congress says threat of war overrides state claims

12. Treaty of HOPEWELL FAILS • By late 1780s, U.S. no longer claimed that tribes were conquered enemies. • Native military power could no longer be ignored • Increased US efforts to restrain expansionism of GA & NC • SOLE POWER OVER INDIAN AFFAIRS IS PLACED IN CONGRESS AND THE PRESIDENT, POLICY FALLS TO HENRY KNOX

13. CONSTITUTION,ARTICLE I, SEC. 2 • Representatives and direct Taxes shall be apportioned among the several States… according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, EXCLUDING INDIANS NOT TAXED & THREE FIFTHS OF ALL OTHER PERSONS.

14. ARTICLE I, SEC. 8 • The Congress shall have Power To lay and collect Taxes… • To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

15. KNOX’S POLICY – EXPANSION WITH HONOR • Tribes were sovereign, independent powers • U.S. should recognize & respect their rights to self-government within their borders • Legislative control over U.S. citizens needed to stop further encroachment on Indian lands. • US had responsibility to protect “uncivilized peoples” • As US population grew, Indians must surrender their lands to accommodate whites.

16. 1793 TRADE & INTERCOURSE ACT • KNOX: “…Cherokee nation may be led to a greater degree of civilization…,become herdsmen and cultivators, instead of remaining…hungry, US will…furnish gratuitously …useful implements of husbandry.” US did give draft animals, tools, implements

17. “CIVILIZED TRIBES” • By 1828 Cherokees not nomadic but rather farmers and cattle ranchers. • They had assimilated European-style customs, including the wearing of gowns by Cherokee women. • They built roads, schools and churches • They had a system of representational government • They had a Cherokee alphabet, the “Talking Leaves“, perfected by Sequoya.

18. CIVILIZED TRIBES HELD SLAVES • Mixed-blood Indians were the principal slaveholders in the tribes • Those mixed-blood Indians remained tribal members and became important middlemen between white settlers and Indian communities. • Many Cherokees depended on black slaves as a bridge to white to white society. • Full-blood Indian slave owners relied on the blacks as English interpreters and translators

19. From Annual Editions • Please read Andrew Jackson Versus the Cherokee Nation for tomorrow.

20. INDIAN REMOVAL ACT http://www.youtube.com/watch?v=PiVXJSXlptY&feature=related • Cherokees fight removal legally in the SC by establishing an independent Cherokee Nation. • In Cherokee Nation v. Georgia, the Court refused to hear a case extending Georgia's laws on the Cherokee because they did not represent a sovereign nation. • 1832- Supreme Court ruled in favor of the Cherokee on the same issue in Worcester v. Georgia. In this case Chief Justice John Marshall ruled that the Cherokee Nation was sovereign, making the removal laws invalid. • The Cherokee would have to agree to removal in a treaty. The treaty then would have to be ratified by the Senate.

21. WORCESTER V. GEORGIA • John Marshall

22. MARSHALL HAS MADE HIS DECISION – NOW LET HIM ENFORCE IT Sharp Knife USE PORTRAITURE TO HELP YOU TEACH THE STORY

23. USE CARTOONS TO MAKE THE POINT King Jackson

24. By 1835 - Cherokee were divided and despondent. Most supported Principal Chief John Ross who fought the encroachment of whites starting with the 1832 land lottery. A minority (less than 500 out of 17,000 Cherokee in North Georgia) followed Ridge who signed The Treaty of New Echota (1835) TREATY gave Jackson the legal document he needed to remove Cherokees.

25. READ ROSS’ LETTER TO US SENATE, 1836 John Ross, Elected Chief of the Cherokee Nations One of the richest men in North Georgia, owned 200 Acres & slaves

26. US Senate ratifies Ridge’s Treaty & seals the fate of the Cherokee. • Passed by a single vote • Among the few who spoke out against the ratification were Daniel Webster and Henry Clay

28. * Ordered to move on the Cherokee, General John Wool resigned his command in protest, delaying the action. • * General Winfield Scott, his replacement, arrived on May 17, 1838 with 7000 men and began the invasion of the Cherokee Nation. Georgia Monument to Those who died on The Trail of Tears • Encourage kids to use monuments • & NPS as resources

29. Removal Forts in Georgia As settlers moved into the area these forts were built for the express purpose of housing the Cherokee before their removal.

31. INDIAN REMOVAL – THEY TOOK THEIR SLAVES WITH THEM Like their counterparts in the South, Indian slaveholders feared slave revolts. In 1842 slaves in the Cherokee Nation made a daring dash for freedom. • By 1860, the Cherokees had 4,600 slaves; the Choctaws, 2,344; the Creeks, 1,532; the Chickasaws, 975 • In peace treaties with the US after the Civil War, the tribes, which had sided with the Confederacy, were required to emancipate slaves and give them full citizenship rights in their nations. The Black Indians were known as tribal Freedmen, such as Cherokee Freedman

32. Between 1790 and 1830 the population of Georgia increased six-fold. The western push of the settlers created a problem. Georgians continued to take Native American lands and force them into the frontier. By 1825 the Lower Creek had been completely removed from the state under provisions of the Treaty of Indian Springs. By 1827 the Creek were gone. Cherokee had long called western Georgia home. The Cherokee Nation continued in their enchanted land until 1828. It was then that the rumored gold, for which De Soto had relentlessly searched, was discovered in the North Georgia mountains. Kenneth C. Davis: Hollywood has left the impression that the great Indian wars came in the Old West during the late 1800's, a period that many think of simplistically as the "cowboy and Indian" days. But in fact that was a "mopping up" effort. By that time the Indians were nearly finished, their subjugation complete, their numbers decimated. The killing, enslavement, and land theft had begun with the arrival of the Europeans. But it may have reached its nadir when it became federal policy under President (Andrew) Jackson. In 1830 the Congress of the United States passed the "Indian Removal Act." Although In one of the saddest episodes of our brief history, men, women, and children were taken from their land, herded into makeshift forts with minimal facilities and food, then forced to march a thousand miles(Some made part of the trip by boat in equally horrible conditions). Under the generally indifferent army commanders, human losses for the first groups of Cherokee removed were extremely high. John Ross made an urgent appeal to Scott, requesting that the general let his people lead the tribe west. General Scott agreed. Ross organized the Cherokee into smaller groups and let them move separately through the wilderness so they could forage for food. Although the parties under Ross left in early fall and arrived in Oklahoma during the brutal winter of 1838-39, he significantly reduced the loss of life among his people. About 4000 Cherokee died as a result of the removal. The route they traversed and the journey itself became known as "The Trail of Tears" or, as a direct translation from Cherokee, "The Trail Where They Cried" ("Nunna daul Tsuny"). Ironically, just as the Creeks killed Chief McIntosh for signing the Treaty of Indian Springs, the Cherokee killed Major Ridge, his son and Elias Boudinot for signing the Treaty of New Echota. Chief John Ross, who valiantly resisted the forced removal of the Cherokee, lost his wife Quatie in the march. And so a country formed fifty years earlier on the premise "...that all men are created equal, and that they are endowed by their Creator with certain unalienable rights, among these the right to life, liberty and the pursuit of happiness.." brutally closed the curtain on a culture that had done no wrong.

33. CHIEF JOSEPH 1840 -1904 SEE PBS The West READER’S THEATRE

34. It Makes My Heart Sick: Chief Joseph Speaks Edited by Stephen Griffith; Arranged by Stephen and Lorraine Griffith Part 1: A Promise We’ve Never Broken A reader’s theater for three voices Narrator: In the 1800s, the Nez Percé was a peaceful nation that spread from Idaho to Northern Washington. Chief Joseph, known by his people as Hin-mah-too-yah-lat-kekt (Thunder coming up over the land from the water), was a well-respected leader of the tribe and had this to say about the tribe’s early history:

35. TODAY: Emil Her Many Horses Lakota National Museum of American Indian Cultural Resources Center Suitland Maryland

37. STAMPS! Find themes related to Antebellum America NATIONAL POSTAL MUSEUM GIFT SHOP MYSTIC STAMP COMPANY

38. DON’T FORGET TO TEACH THE COUNTER EXAMPLES like Crockett, Webster, Clay On the issue of slavery Washington spent A lifetime accumulating Enough land to bequeath To his slaves when he Freed them

39. George Mason Walked out Of the Constitutional Convention Because it Was not going To free the slaves

40. FRANKLIN & HIS ABOLITION SOCIETY Franklin’s Pennsylvania Abolition Society Petition to Congress

42. Remember the Ladies • Activity • TIME LINE

44. http://www.eyewitnesstohistory.com/plantation.htm

45. WOMAN SUFFRAGE & THE LAW • “Having deprived her of this first right of a citizen, the elective franchise, thereby leaving her without representation in the halls of legislation, he has oppressed her on all sides.” • “He has made her, if married, in the eyes of the law, CIVILLY DEAD”. From Declaration of Sentiments

46. Women were deprived of…: • Property, even her wages • Morally irresponsible as she can commit crimes provided they are in the presence of her husband • Compelled to promise obedience to her husband making him master • …

48. Remember the Ladies A reader’s theater for six voices: one narrator (N), three females (F), and two males (M) N: This is an exchange of letters between Abigail Adams and her husband, John Adams. John was working with Benjamin Franklin and Thomas Jefferson on a draft of the Declaration of Independence in the spring of 1776. Abigail was very concerned that the new laws would not do anything to increase the freedoms of the ladies in society. ABIGAIL ADAMS TO JOHN ADAMS, MARCH 31, 1776 F1: I long to hear that you have declared an independency. And, by the way, in the new code of laws which I suppose it will be necessary for you to make, I desire you would remember the ladies and be more generous and favorable to them than your ancestors. F2: Do not put such unlimited power into the hands of the husbands. F3: Remember, all men would be tyrants if they could. If particular care and attention is not paid to the ladies, we are determined to foment a rebellion, and will not hold ourselves bound by any laws in which we have no voice or representation. F1: That your sex are naturally tyrannical is a truth so thoroughly established as to admit of no dispute; but such of you as wish to be happy willingly give up—the harsh tide of master for the more tender and endearing one of friend.

49. BOTH ABOLITIONISM & WOMEN’S SUFFRAGE • PROMOTED THE EXPANSION OF THE AMERICAN PROMISE OF LIBERTY & EQUALITY – TO African Americans & to women • At the FIRST WOMEN’S RIGHTS CONVENTION IN SENECA FALLS –Frederick Douglass, the Motts, Wrights, Stantons, MClintocks & Hunts – all active abolitionists

50. The Antislavery – Women’s Suffrage Connection • “Women can neither take the Ballot nor the Bullet…therefore to use, the right to petition is the one sacred right which we ought not to neglect.” • Susan B. Anthony, Address to the American Anti-Slavery Society, 1863