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1301 Lecture 37 Andrew Jackson Part 2 — Transcript

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0:02okay history 1301
0:04we're going to get into some of andrew
0:05jackson's more controversial policies
0:08i have a handout here uh jackson years
0:12i'll be referring to that first is
0:14policy on indians indians
0:17andrew jackson hated indians
0:20to say hated indians is putting it
0:22mildly he despised indians
0:25he loathed indians
0:28he utterly utterly did not like them
0:32jackson was of the belief that all
0:36indians east of the mississippi river
0:39should be moved west of the mississippi
0:41river
0:43now he wasn't the first person to put
0:45forth that idea
0:46thomas jefferson believed the same thing
0:49but jefferson really didn't do anything
0:50about it
0:51jackson will now jackson wants all these
0:54indians
0:55moved from the eastern eastern side of
0:56the mississippi river to the western
0:58side
0:59because he hates them but he can't come
1:01out and say
1:02i want to move all those indians west of
1:04the mississippi because i andrew jackson
1:06hate despise loathe indians no
1:09he has to come up with some reasons and
1:11he does he comes up with a couple of
1:12reasons
1:13for public consumption and these are
1:14really rationalizations
1:16as opposed to actual reasons number one
1:20he said he claimed he claimed that
1:23indians did not like living among
1:26americans
1:27indians did not like living among
1:29americans well now i don't know if
1:30andrew jackson took a poll
1:32of the indians saying do you like living
1:34among americans and the union said no we
1:36don't
1:37i don't know if he went and visited
1:39various indian groups
1:41across the country and said do you like
1:42living among americans and the indians
1:44resounding who said no no we don't move
1:46us west of the mississippi river no he
1:48didn't do any of that
1:50all right but this is his excuse did he
1:52like living among americans the second
1:54reason
1:55for wanting to move them and this may
1:56have had some validity
1:58he claimed that if the indians continued
2:01to live among americans they would
2:02become
2:03extinct extinct and that was due
2:06to all the diseases that were killing
2:09indians
2:10these diseases that were first brought
2:12to the americas by the early european
2:14explorers you know way back in the 1400s
2:16and
2:16the late 1400s and 1500s brought those
2:20european diseases over to the americas
2:21the indians have no immunity
2:23those diseases are still killing indians
2:26in the time of andrew jackson
2:27so all right so those are his two stated
2:29reasons for wanting to move the indians
2:31but really
2:32his main reason is he doesn't like
2:34indians now
2:36in the state of georgia
2:41large indian group called cherokee
2:48cherokee indians now by standards of the
2:51day
2:51they're about 15 000 cherokees living in
2:54the state of georgia they're very
2:56civilized
2:57uh they have their own government they
3:00had a constitution based on the u.s
3:01constitution can't get more civilized
3:03than that
3:05they had newspapers schools they had
3:08farms and what should have endeared the
3:11cherokee to the south
3:13the cherokee indians owned african
3:16slaves
3:18well the state of georgia
3:21wants these indians out of georgia
3:27the state of georgia just can't say we
3:29want these indians out
3:30they come up with a legal theory
3:34indian tribes back then were considered
3:36nations and so the state of georgia
3:38claimed
3:39that the cherokee had established a
3:42nation the cherokee nation
3:45within the state of georgia which
3:48is unconstitutional they had erected a
3:50state
3:51a cherokee state within the state of
3:54georgia
3:55and the george people georgia said this
3:57was unconstitutional now it is cons
3:59it is unconstitutional to establish
4:03a state within an existing state without
4:06the existing state's permission
4:08remember when maine wanted to become a
4:10state may have been part of
4:11massachusetts massachusetts had to give
4:13it's okay for me to become a state
4:14so that's what state of georgia is
4:16saying they've erected their own state
4:18within our state and that's
4:20unconstitutional
4:22it's a stretch folks it's a stretch
4:26now another thing
4:29gold was discovered on cherokee land
4:32gold
4:33and now the state of georgia really
4:35wants those indians out
4:38and they're aware of jackson's ideas on
4:40indians
4:41so now with this the discovery of gold
4:43state of georgia really wants those
4:45indians out
4:46and shortly after jackson was elected
4:50the state of georgia passed a law
4:53claiming that the state of georgia had
4:55authority
4:56over cherokee land and ordered
5:00the cherokee land to be taken by the
5:03state of georgia
5:07the cherokee remember i said the
5:08cherokee are very civilized
5:10the cherokee appealed this to the
5:12government
5:14representatives of the cherokee nation
5:16met with the secretary of war
5:18back then the war department handled
5:21indian affairs
5:23cherokee representatives met with
5:24secretary of war
5:26the secretary of war told them that's
5:29not a matter for the federal government
5:30it's a matter for the state of georgia
5:33and the federal government would not
5:35interfere and then
5:39in may 1830
5:42with jackson's backing jackson's
5:44approval look at your
5:46jackson years handout number one may
5:491830 congress passed the removal act
5:52under which the president jackson was
5:55authorized to move
5:56all indians west of the mississippi
5:58river
5:59using force if necessary
6:02so if the indians did not go peacefully
6:05jackson was authorized to use force
6:09the vote on this by the way is very
6:10close the vote
6:12in the house of representatives
6:20it was 102 to 97 that's pretty close the
6:22vote of the senate however
6:28was 28 to 19 in favor now your book says
6:30it passed the senate by one vote no it
6:33was 28 to 19
6:34i double checked this before recording
6:36this
6:37so it was very close very very close
6:41in in the house now one prominent member
6:43of the house
6:44that voted against this was congressman
6:47david crockett of tennessee
6:49better known as davy crockett to us
6:51everybody thinks of davy crockett as his
6:53great indian fighter and he went all
6:54over the place fighting indians
6:56he like he was friendly with indians he
6:58respected their rights
7:00he respected the treaties he voted
7:02against the removal bill
7:04all right remember i said again cherokee
7:05very very civilized
7:07the cherokee appealed this to the
7:09supreme court
7:11this is the case number two on your
7:13sheet there cherokee nation
7:15versus georgia the cherokee go
7:18to the u.s legal system to fight back
7:21in the case of cherokee nation versus
7:23georgia it's kind of a
7:27interesting decision here
7:32the court ruled the supreme court ruled
7:34that the supreme court lacked what's
7:36called
7:36original jurisdiction jurisdiction in
7:39the case
7:40because the cherokee were not a foreign
7:41nation but a domestic dependent nation
7:43within the united states
7:45foreign countries that have a legal beef
7:48with the united states
7:50can take their case directly to the u.s
7:53supreme court
7:54foreign nations that have a legal
7:57beef dispute with the united states can
7:59take it directly to the supreme court
8:01they don't have to go through the law
8:02courts the cherokee believing they were
8:06a separate nation living within the
8:09united states
8:11believed they could take it to the
8:12supreme court supreme court said no
8:15you're not a foreign nation you're a
8:17domestic
8:18dependent nation within the united
8:19states domestic meaning
8:21they live within the united states
8:22dependent meaning well they're dependent
8:24on the united states
8:26so basically the court said you can't
8:28bring your case directly to the supreme
8:29court
8:30however this is where it gets
8:32interesting however
8:34so you think the court would throw the
8:36case out at that time but they didn't
8:38the court also ruled the cherokee could
8:41could
8:42stay on their land until they
8:44voluntarily gave it
8:46up so despite the court samuel you're
8:48not a foreign nation you can't go
8:49directly to the supreme court the
8:51supreme court did rule in favor of the
8:53cherokee
8:54the cherokee could stay on their land
8:56until they
8:58gave it up big legal victory
9:02for the cherokee nation well this did
9:05not stop the state of georgia
9:07no state of georgia passed a law
9:13in 1830 which required
9:17all americans living on indian land to
9:19obtain a state license to do so so if
9:21you are an american
9:23and you wanted to live on indian land
9:24for whatever reason
9:26you had to get a license from the state
9:29of georgia to do that
9:31well a couple of missionaries from new
9:33england
9:35went to the cherokee nation in georgia
9:38as
9:39christian missionaries they did not
9:42get this state license from georgia to
9:44do that they were arrested
9:47and convicted to four years of hard
9:49labor
9:50for violating this georgia law they of
9:53course appealed it
9:54eventually it goes all the way to the
9:55supreme court this is the case of
9:57worcester
9:58versus georgia 1832. the court ruled
10:01that the georgia law requiring whites or
10:04americans living on indian land to
10:05obtain a state license
10:07was unconstitutional so this georgia law
10:10is unconstitutional
10:11because it violated treaties between the
10:13united states and the cherokee
10:15and national law united states law is
10:18dominant over any
10:19state law the court also ruled that the
10:23cherokee
10:24nation were protected by the federal
10:26government
10:27because of treaties and the state of
10:30georgia
10:31could not molest the cherokee
10:35another big legal victory for the
10:38cherokee nation
10:40big legal victory for the cherokee
10:42nation
10:44well all right so the cherokee are
10:47taking these cases
10:48to court they're going all the way to
10:49the supreme court and they are winning
10:51the cherokee are winning
10:54however
10:58andrew jackson wants those indians out
11:00and by god they're going to go
11:02they're going to go one way or another
11:03but they are going to go
11:08jackson tended to personalize issues
11:13he wanted them gone and they were going
11:15to go one way or another peacefully not
11:17peacefully didn't matter to him
11:19well look at number four on your handout
11:22the treaty of new york this was december
11:261835.
11:29this was a treaty between the united
11:31states and the cherokee
11:34another treaty of new each other
11:35cherokee land was sold to the united
11:37states for 5.6 million dollars
11:39remember the court ruled supreme court
11:41ruled in 1832
11:43that uh or assuming could ruled in uh
11:46in cherokee nation versus george 1831
11:48the cherokee could stand their land
11:50until they voluntarily gave it up well
11:52andrew jackson now has a treaty
11:55a treaty by which the cherokee are
11:58selling their land voluntarily selling
12:00their land to the united states
12:02for 5.6 million dollars and they are to
12:04receive
12:05new land west of the mississippi and
12:08free transportation to that new land
12:10however and this was signed by
12:12representatives of the cherokee nation
12:14however
12:16only a very small 10 at the most
12:20minority of cherokee agreed to this
12:23treaty
12:24a 90 plus percent of the cherokee don't
12:27like it but that didn't matter andrew
12:30jackson
12:31he has a treaty he has cherokee
12:33signatures on that treaty and that's
12:35good enough for him
12:36to throw all the cherokee out of
12:40georgia to areas west of the mississippi
12:42river
12:43and eventually show the map of this
12:47used to be yeah go to the map on page
12:50451
12:52451
12:55and eventually
12:59not only the cherokee were thrown out of
13:01the south fair
13:03but all other tribes that live
13:06in the south mainly in the south
13:10and and these are the five so-called
13:12civilized tribes
13:14of the south
13:17these five so-called civilized tribes of
13:19the south
13:27cherokee creek
13:35chickasaw yeah there was a bit of
13:37choctaw
13:41notice they all start with c oh and then
13:44in four to the seminoles
13:49and so these tribes now the cherokee
13:53sign that you knew each other but
13:54eventually
13:54all these other ones are forced to move
13:56also and you look at the map of
13:59451 you can see where these
14:02tribal lands were you know here's the
14:04cherokee up in georgia here
14:06seminole florida et cetera and they're
14:08all moving to oklahoma
14:10oklahoma was designated as indian
14:12territory
14:14now the seminoles put up a fight there
14:17was a
14:17seminole war that lasted several years
14:19but even they had to succumb eventually
14:22and even tribes in the north uh removed
14:25so they're all moving to oklahoma now
14:29i'm sure oklahoma is nice but it's not
14:32the land that they're giving up
14:33oklahoma is a totally different climate
14:35different different weather
14:37all kinds of things and well this this
14:40this begins the so-called trail of tears
14:43you may have heard about
14:44so-called trail of tears uh
14:47in a pla in this trail of tears is
14:49mostly the cherokee
14:51uh this is on page 455.
14:56yeah you know 455 talks about the treaty
14:57of new york it was rejected by 90
15:00of the cherokee people but you know
15:03jackson had signatures cherokee they're
15:05going
15:06uh and so this trail of tears actually
15:08started after jackson left office 17 000
15:10cherokee were evicted and moved west on
15:12the military guard
15:14on the trail of tears 800 miles to
15:16oklahoma
15:17some 4 000 cherokee died along the way
15:224 000 cherokee now there are some people
15:26it said they're under an army escort
15:28some people
15:29blame the army for these deaths but i
15:31heard a book about this when i was in
15:32grad school
15:34and the commander of the army unit
15:36that's
15:37escorting the cherokee he's writing back
15:40to the government officials back in
15:41washington we need supplies
15:43we need food we need clothing we need
15:45medicine we need all kinds of things
15:48and the government turned a deaf ear
15:51four thousand cherokee died oh and by
15:53the way that free transportation
15:55according to the treaty of new york
15:56the free transportation to the new land
15:58turned out to be the cherokees on two
16:00feet
16:01well there you go andrew jackson wanted
16:03those indians out
16:04and they were gonna go and he didn't
16:06care if the supreme court
16:08said the cherokee could stay he didn't
16:10care if the constitution said they could
16:11stay
16:13i i told you earlier if the constitution
16:15agrees with what andrew jackson wants
16:17he is mr constitution but if the
16:20constitution gets in the way of what
16:22andrew jackson wants
16:23well who cares about the constitution
16:25i'm going to do what i want to do
16:27and who cares what the constitution says
16:30andrew jackson is the closest thing
16:31we've had to a dictator
16:33in this country well all right
16:38what else was it gonna say there oh i
16:40don't know anyway okay there you go
16:42andrew jackson and indians
16:45okay now we'll stop there and we'll pick
16:48up another controversial jackson issue
16:51next time so see you then folks bye-bye

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