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The United States and The Cherokee Nation (1763-1839)
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Geographic Orientation of the Cherokee to 1830
The Southeastern part of the United States was the traditional Cherokee homeland. It encompassed parts of the Carolinas, Georgia, Tennessee and Alabama. The so-called "Five Civilized Tribes" who lived in this area were: Choctaw Chickasaw Seminole Creek Cherokee Nations.
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Aboriginal Sovereignty
Sovereignty is the supreme, absolute and inherent power by which any independent state is governed. Traditional Aboriginal perspective on sovereignty: sovereignty originates from The Creator; it flows through to the land of North America; and then, flows from the land to the Indian peoples, cultures and Nations. Cherokee Nation was comprised of sophisticated political, economic, social, educational and cultural institutions.
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Sovereignty Continued…
Aboriginal sovereignty as perceived by the Indian peoples of North America quite differently than the way European cultures perceived it. The British Royal Proclamation in 1763 confirmed Aboriginal sovereignty. British recognition of the land rights of the Aboriginal Peoples angered American colonists. American colonists who wished to move westward did not wish to recognize that someone owned the frontier lands
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Policies of the American Government
Following its independence from Britain, the American government repudiated British policies including the Royal Proclamation of 1763. There was a growing movement by the southeastern states to forcibly remove the Indian Nations to frontier areas.
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British Royal Proclamation in 1763
The purpose of the proclamation was to organize Great Britain's new North American empire. They wanted to stabilize relations with Native North Americans through regulation of trade, settlement, and land purchases on the western frontier. The Royal Proclamation continues to be of legal importance to First Nations in Canada and is significant for the variation of indigenous status in the United States.
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The Cherokee peoples had taken a number of significant steps to establish their nationhood:
they actively created and maintained a system of roads, schools, and churches within their homeland. Laws were passed by the Georgia Legislature (1829) to effectively deprive Indian citizens of their rights. The United States' Supreme Court ruled in support of the Cherokee Nation but President Jackson refused to enforce the Supreme Court decision. The U.S. Federal Government created the right for itself to quarantine Indian people so they could "civilize" them. The Cherokee Nation was forcibly "removed" from their homeland during the years
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The Trail of Tears ( ) The forced relocation and movement of Native American nations from southeastern parts of the United States following the Indian Removal Act of 1830. The removal included many members of the Cherokee, Muscogee, Seminole, Chickasaw, and Choctaw nations.
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