What rights do the Cherokee have if the terms of the Treaty are violated?

Many Americans believed that the Cherokees as allies of the British had forfeited all rights to their land. Henry Knox, President George Washington’s secretary of war, disagreed. Instead, he concluded that they and all the Indian tribes were sovereign nations. He believed they eventually would have to give up their lands to the inevitable tide of white settlement, but only voluntarily through negotiated treaties.

Knox convinced President Washington that Native Americans would also have to be integrated into American society. To do this, they would have to become “civilized,” becoming like white Americans in dress, speech, work, religion, and in all other ways.

In 1791, the new American nation signed a treaty with the Cherokees with the goal of leading them to “a greater degree of civilization.” The main way of achieving this was for Cherokee men to give up hunting and become farmers, which had been the traditional role of women.

To some degree, all the Southeastern tribes accepted the idea of “civilizing” themselves. But the Cherokees embraced it enthusiastically. The Cherokees believed that if they became more like their white neighbors, the Americans would leave them alone on their remaining land.

By the 1820s, most Cherokees were living in family log cabins, cultivating fields on tribal land. Some owned stores and other businesses. A few borrowed from Southern whites the idea of establishing large cotton plantations complete with a mansion and black slaves. The Cherokees also welcomed white Christian missionaries to set up schools to teach English and agricultural skills.

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