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Claudia B. Haake, La Trobe University
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
Iroquois Cherokee
� “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 Cherokees
• “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 Cherokee
• 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 Cherokees
} Very little change over time as arguments remain more or less the same
} 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”
• 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
