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27-06-2015, 23:36

Worcester v. Georgia denies states the right to regulate Indian affairs.

In Worcester v. Georgia, Samuel Worcester and several other missionaries sue Georgia after they are sentenced to four years of hard labor. Their crime was violating a state statute that prohibits whites from living on the Cherokee Reservation within Georgia’s borders without the state’s permission. They lost their case in state court but appeal the decision to the Supreme Court. There the missionaries argue that Georgia does not have the authority to regulate the reservation population.



In a landmark ruling, the Supreme Court finds for the missionaries. It holds that Georgia has no right to pass laws concerning the Cherokee Reservation, because Indian affairs are the sole responsibility of the federal government. The decision will serve as the foundation for many future laws governing Indians. However, it will have little effect on the Cherokee’s efforts to block Georgia from applying its laws to the tribe (see entry for 1831). Largely because of President Andrew Jackson’s sympathy for Georgia’s position, the Court’s decision will not be enforced in the state.



Ralph Waldo Emerson protests the Cherokee’s removal.



In a letter to President Andrew Jackson, the eminent poet and essayist Ralph Waldo Emerson speaks out against Georgia’s efforts to remove the Cherokee from the state. He describes Cherokee removal as “a crime. . . that confounds our understandings by its magnitude” and warns that if the president supports Georgia “the name of this nation, hitherto the sweet omen of religion and liberty, will stink to the world.” Emerson’s angry words will do nothing to dissuade Jackson from his commitment to the Removal policy.



Artist George Catlin begins painting western Indians.



Perhaps inspired by McKenney’s “Indian Gallery” (see entry for 1821), George Catlin, a 34-year-old Pennsylvania artist, travels west to make a pictorial record of Indian life. Over the next seven years, Catlin will travel more than 1,800 miles and visit scores of tribes living along the Missouri River, on southern Plains, and in the Great Lakes region. In thousands of sketches and hundreds of paintings, he will document the ceremonies and customs of the Indians he meets. Among his most famous works will be his portraits of noted Indian leaders, including Black Hawk (see entry for APRIL TO AUGUST 1832) and Tenskwatawa (see entry for APRIL 1805). (See also entry for 1841.)



April to August



The Black Hawk War breaks out in Illinois.



After being forced from Saukenuk, his old village in Illinois (see entry for JUNE 1831), the Sac leader Black Hawk attempts to create an Indian alliance to fight the settlers who have moved into his homeland. He is inspired by the teachings of Winnebago prophet White Cloud and his own experience fighting alongside Tecumseh (see entry for JUNE 19, 1812). With 600 warriors, he returns to the site of Saukenuk. Almost immediately, a force of regular army troops and fresh militia recruits (including the young Abraham Lincoln) are sent out to repel the Indians.



For fifteen weeks, Black Hawk’s followers try to elude the American army. On May 12, at the Battle of Stillman’s Run, the warriors turn on the untrained militiamen and cause them to retreat in a panic. Despite this early victory, the Indians are quickly worn down. On August 1, they are desperately trying to cross the Mississippi River to safety when they are attacked by soldiers led by General Henry Atkinson. The Indians attempt to surrender, but the troops open fire. During the Battle of Bad Axe about 150 Indians are killed. Black Hawk flees to the Winnebago village of Prairie du Chien to the north, where he surrenders and is led to prison in chains. In the treaty that ends the Black Hawk War, the Sac, Fox, and Winnebago are forced to cede 6 million acres of land in what is now eastern Iowa. (See also entry for 1833.)



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“Farewell, my nation! Black Hawk tried to save you, and avenge your wrongs. He drank the blood of some of the whites. He has been taken prisoner, and his plans are stopped. He can do no more. He is near his end. His sun is setting, and he will rise no more. Farewell to Black Hawk.”



—Black Hawk, surrendering to U. S. authorities at Prairie du Chien



May 9



Seminole leaders sign the Treaty of Paynes Landing.



Pressured by U. S. officials, several Seminole leaders sign a treaty at Paynes Landing, in present-day Florida, in which they agree to consider relocating to Creek lands in Indian Territory. Most Seminole are opposed to the treaty terms. Though they once had been part of the Creek tribe, few want to settle among the Creek, because the Seminole now regard them as their enemies. The document also grants the Seminole only about $15,000 for their Florida territory and requires them to pay $7,000 in compensation for runaway slaves who have joined the tribe.


Worcester v. Georgia denies states the right to regulate Indian affairs.

A portrait of the Winnebago Prophet White Cloud, Black Hawk (center), and Whirling Thunder (Black Hawk’s son), painted from life while they were held prisoner at Fort Monroe following their defeat in Black Hawk’s War. (The Library ofVirginia)



 

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