the nature of representation: the cherokee right ... - Boston University
the nature of representation: the cherokee right ... - Boston University
the nature of representation: the cherokee right ... - Boston University
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2005] THE NATURE OF REPRESENTATION 103<br />
Treaty <strong>of</strong> New Echota. This is so, not only because <strong>of</strong> Ross’s continued<br />
popularity, but also because <strong>of</strong> <strong>the</strong> role <strong>of</strong> <strong>the</strong> U.S. and Georgia governments in<br />
creating <strong>the</strong> seemingly ‘internal’ leadership split. One writer accuses <strong>the</strong> Ridge<br />
group <strong>of</strong> making a “secret alliance . . . with <strong>the</strong> Jackson-Georgia removal machine<br />
sometime between 1832-1835.” 64 Even if this accusation is an overstatement,<br />
Cherokees supporting removal and those deciding to emigrate were favored, a<br />
policy “designed to take advantage <strong>of</strong>, and encourage, Cherokee factionalism.” 65<br />
Ross contended in 1829 that <strong>the</strong> U.S. government was “permitting emigrants to<br />
claim improvements <strong>the</strong>y never possessed,” which amounted to a bribe for favoring<br />
removal because <strong>the</strong>se early emigrants were reimbursed for <strong>the</strong>ir alleged losses. 66<br />
The most frequently used and most powerful mechanism for encouraging<br />
factionalism was <strong>the</strong> U.S. government practice <strong>of</strong> self-interested selection <strong>of</strong> “<strong>the</strong><br />
particular chief or fraction <strong>of</strong> a tribe with whom <strong>the</strong> United States would deal.” 67<br />
The U.S. government as late as Reconstruction repeated its divide-and-conquer<br />
strategy by “[using] factionalism . . . to gain concessions.” 68<br />
In its dealings with<br />
<strong>the</strong> Cherokees, <strong>the</strong> U.S. and Georgian governments recognized that by dividing <strong>the</strong><br />
Cherokees <strong>the</strong>y were “making [<strong>the</strong> Cherokees] more vulnerable to removal.” 69 The<br />
effect <strong>of</strong> <strong>the</strong> split in Cherokee leadership and <strong>the</strong> independent action <strong>of</strong> <strong>the</strong> minority<br />
group confirmed U.S. hopes that factionalism would lead to greater vulnerability.<br />
While Principal Chief Ross targeted most <strong>of</strong> his efforts at direct communication<br />
with, and memorials to, Congress and <strong>the</strong> Jackson administration, <strong>the</strong> Ridge group<br />
was a distraction and affected <strong>the</strong> Cherokees’ position in negotiations with <strong>the</strong> U.S.<br />
government.<br />
D. Cherokee Propositions<br />
Little is known about <strong>the</strong> Cherokee position on <strong>the</strong> delegate promise contained<br />
in <strong>the</strong> Treaty <strong>of</strong> New Echota; <strong>the</strong> Cherokee leadership directed its efforts largely<br />
against <strong>the</strong> entire notion <strong>of</strong> removal or <strong>of</strong> a new treaty. Consequently, while <strong>the</strong><br />
Cherokees under Ross constantly communicated with U.S. government <strong>of</strong>ficials<br />
and bodies, in <strong>the</strong> ten years leading up to forced removal <strong>the</strong>re were few Cherokee<br />
proposals and <strong>the</strong> proposals were simple, without a detailed list <strong>of</strong> clauses. 70 After<br />
<strong>the</strong> Treaty <strong>of</strong> New Echota, Ross felt <strong>the</strong> necessity <strong>of</strong> reminding Congress what <strong>the</strong><br />
64<br />
GRACE STEELE WOODWARD,THE CHEROKEES 175 (1963).<br />
65<br />
Kenneth Penn Davis, Chaos in Indian Country: The Cherokee Nation, 1828-35,<br />
in THE CHEROKEE INDIAN NATION: ATROUBLED HISTORY 129 (Duane H. King ed., 1979).<br />
66<br />
John Ross and George Lowrey, Annual Message (Oct. 14, 1829), in 1THE PAPERS<br />
OF CHIEF JOHN ROSS, supra note 14, at 172.<br />
67<br />
Satz, supra note 35, at 34-35.<br />
68<br />
JAMES W. PARINS,JOHN ROLLIN RIDGE: HIS LIFE &WORKS 213 (1991).<br />
69<br />
MOULTON, supra note 23, at 46.<br />
70<br />
See e.g., Letter from John Ross, Major Ridge, George Lowrey, and Elijah Hicks to<br />
President James Monroe (Jan. 19, 1824), in 1THE PAPERS OF CHIEF JOHN ROSS, supra note<br />
14, at 59.