OUTSIDE CONSTITUTIONAL PROTECTIONS AND PROMISES The Interrelated Fight for Constitutional Rights for Native Americans, Women, & Slaves.

OUTSIDE CONSTITUTIONAL PROTECTIONS AND

PROMISES

The Interrelated Fight for Constitutional Rights for

Native Americans, Women, & Slaves

THE WORDS & THE HOPES

From the Mouths and Pens of

American Presidents

~Written and Compiled by Lorraine GriffithREADERS’ THEATRE

AND then THE REALITY

CHANGINGPERCEPTIONS

JEFFERSON’S ENTRY WAYAPPRECIATION & LAND HUNGER

CURIOSITY SHOP APPROACHNATIVE ARTIFACTS IN NATURAL HISTORYMUSEUM UNTIL NMAI BUILT

USE PRIMARY DOCUMENTS

• See Catherine Beecher’s circular

• NOTE: Women’s role in all social movements of the 19th century, including a fight against Indian Removal

CHEROKEES POLICY

• Support of the French in the French & Indian War shifts to become more pro-British after the British King’s Proclamation of 1763.

• Americans ignore the Proclamation so Cherokees come to see the colonists as their primary enemy

• Cherokees largely side with the British after 1766

Cherokee Support for British

• Provided refuge to fleeing Loyalists • Warriers raid frontiers of the American South• Those colonies respond with invasion which left

great desolation, crop destruction.• 75L bounty paid for Cherokee scalps• Ends Cherokee participation in the Revolution• SURRENDER 20,000+ SQUARE MILES OF

LAND BETWEEN 1776 & 1794• HUNTING GROUNDS LARGELY GONE

FORMAL POLICY TO INDIANS

The Cherokee Nation territory (along with all other tribes) fell within the borders of England’s land ceded to the U.S. in 1783 in the Treaty of Paris.

Thus, US won England’s rights which included sovereign authority over all land and people SO…

CONQUERED NATION INDIAN POLICY

• If England lost its lands, so did its Indian allies.

• North of the Ohio River, Congress aggressively pursued this “Conquered nation” policy WITH CONGRESS IN CONTROL

• In the South, “conquered nations” belong to the states. PART OF THE STATES’ RIGHTS DISCUSSION

Treaty of Hopewell - 1785

Defined Cherokees; boundaries & recognized their right to expel unwanted intruders

• Georgia & N. Carolina protested saying Articles of Confederation denied Congress power to conduct relations with tribes within state boundaries

• Congress says threat of war overrides state claims

Treaty of HOPEWELL FAILS• By late 1780s, U.S. no longer claimed that

tribes were conquered enemies.

• Native military power could no longer be ignored

• Increased US efforts to restrain expansionism of GA & NC

• SOLE POWER OVER INDIAN AFFAIRS IS PLACED IN CONGRESS AND THE PRESIDENT, POLICY FALLS TO HENRY KNOX

CONSTITUTION,ARTICLE I, SEC. 2

• Representatives and direct Taxes shall be apportioned among the several States… according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, EXCLUDING INDIANS NOT TAXED & THREE FIFTHS OF ALL OTHER PERSONS.

ARTICLE I, SEC. 8

• The Congress shall have Power To lay and collect Taxes…

• To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

KNOX’S POLICY – EXPANSION WITH HONOR

• Tribes were sovereign, independent powers• U.S. should recognize & respect their rights to

self-government within their borders• Legislative control over U.S. citizens needed to

stop further encroachment on Indian lands.• US had responsibility to protect “uncivilized

peoples”• As US population grew, Indians must

surrender their lands to accommodate whites.

1793 TRADE & INTERCOURSE ACT

• KNOX:

“…Cherokee nation may be led to a greater degree of civilization…,become herdsmen and cultivators, instead of remaining…hungry, US will…furnish gratuitously …useful implements of husbandry.”

US did give draft animals, tools, implements

“CIVILIZED TRIBES”“CIVILIZED TRIBES”

• By 1828 Cherokees not nomadic but rather farmers and cattle ranchers.

• They had assimilated European-style customs, including the wearing of gowns by Cherokee women.

• They built roads, schools and churches• They had a system of representational

government• They had a Cherokee alphabet, the “Talking

Leaves“, perfected by Sequoya.

•Mixed-blood Indians were the principal slaveholders in the tribes• Those mixed-blood Indians remained tribal members and became important middlemen between white settlers and Indian communities. •Many Cherokees depended on black slaves as a bridge to white to white society. •Full-blood Indian slave owners relied on the blacks as English interpreters and translators

From Annual Editions

• Please read

Andrew Jackson Versus the Cherokee Nation

for tomorrow.

http://www.youtube.com/watch?v=PiVXJSXlptY&feature=related

•Cherokees fight removal legally in the SC by establishing an independent Cherokee Nation. •In Cherokee Nation v. Georgia, the Court refused to hear a case extending Georgia's laws on the Cherokee because they did not represent a sovereign nation. •1832- Supreme Court ruled in favor of the Cherokee on the same issue in Worcester v. Georgia. In this case Chief Justice John Marshall ruled that the Cherokee Nation was sovereign, making the removal laws invalid. •The Cherokee would have to agree to removal in a treaty. The treaty then would have to be ratified by the Senate.

INDIAN REMOVAL ACT

WORCESTER V. GEORGIA

• John Marshall

MARSHALL HAS MADE HIS DECISION – NOW LET HIM

ENFORCE IT

USE PORTRAITURETO HELP YOU TEACH THE STORY

Sharp Knife

USE CARTOONS TO MAKE THE POINT

King Jackson

• By 1835 - Cherokee were divided and despondent. – Most supported Principal Chief John Ross who

fought the encroachment of whites starting with

the 1832 land lottery. – A minority (less than 500 out of 17,000

Cherokee in North Georgia) followed Ridge who signed The Treaty of New Echota (1835)

– TREATY gave Jackson the legal document he needed to remove Cherokees.

John Ross, Elected Chief of the Cherokee NationsOne of the richest men in North Georgia, owned 200 Acres & slaves

READ ROSS’ LETTER TO US SENATE, 1836

–Passed by a single vote–Among the few who spoke out against the ratification were Daniel Webster and Henry Clay

US Senate ratifies Ridge’s Treaty & seals the fate of the Cherokee.

"I would sooner be honestly damned than hypocritically immortalized"

~Davy CrockettHis political career destroyed because he

supported the Cherokee, he left Washington.

“YOU MAY ALL GO TO HELL. AS FOR ME, I SHALL GO TO TEXAS.”

* Ordered to move on the Cherokee, General John Wool resigned his command in protest, delaying the action.

* General Winfield Scott, his replacement, arrived on May 17, 1838 with 7000 men and began the invasion of the Cherokee Nation.

Georgia Monument toThose who died onThe Trail of Tears

Encourage kids to use monuments & NPS as resources

Removal Forts in GeorgiaAs settlers moved into the area these forts were built for the express purpose of housing the Cherokee before their removal.

INDIAN REMOVAL – THEY TOOK THEIR SLAVES WITH THEM

Like their counterparts in the South, Indian slaveholders feared slave revolts. In 1842 slaves in the Cherokee Nation made a daring dash for freedom.

• By 1860, the Cherokees had 4,600 slaves; the Choctaws, 2,344; the Creeks, 1,532; the Chickasaws, 975

• In peace treaties with the US after the Civil War, the tribes, which had sided with the Confederacy, were required to emancipate slaves and give them full citizenship rights in their nations. The Black Indians were known as tribal Freedmen, such as Cherokee Freedman

Kenneth C. Davis:

Hollywood has left the impression that the great Indian wars came in the Old West during the late 1800's, a period that many think of simplistically as the "cowboy and Indian" days. But in fact that was a "mopping up" effort. By that time the Indians were nearly finished, their subjugation complete, their numbers decimated. The killing, enslavement,and land theft had begun with the arrival of the Europeans.

But it may have reached its nadir when it became federal policy under President (Andrew) Jackson.

In 1830 the Congress of the United States passed the "Indian Removal Act." Although

CHIEF JOSEPH1840 -1904

SEE PBSThe West

READER’STHEATRE

It Makes My Heart Sick: Chief Joseph SpeaksEdited by Stephen Griffith;

Arranged by Stephen and Lorraine Griffith

Part 1: A Promise We’ve Never BrokenA reader’s theater for three voices

Narrator: In the 1800s, the Nez Percé was a peaceful nation that spread from Idaho to Northern Washington. Chief Joseph, known by his people as Hin-mah-too-yah-lat-kekt (Thunder coming up over the land from the water), was a well-respectedleader of the tribe and had this to say about the tribe’s early history:

Emil Her Many HorsesLakota

National Museum of AmericanIndian

Cultural Resources CenterSuitland Maryland

TODAY:

STAMPS!

•Find themes related to Antebellum America

NATIONAL POSTAL MUSEUM GIFT SHOP

MYSTIC STAMP COMPANY

DON’T FORGET TO TEACH THE COUNTER EXAMPLES like

Crockett, Webster, ClayOn the issue of slavery

Washington spentA lifetime accumulatingEnough land to bequeathTo his slaves when heFreed them

George Mason

Walked out

Of the Constitutional

Convention

Because it

Was not going

To free the slaves

FRANKLIN & HIS ABOLITION SOCIETY

Franklin’s PennsylvaniaAbolition Society Petition to Congress

Remember the Ladies

• Activity

• TIME LINE

http://www.eyewitnesstohistory.com/plantation.htm

WOMAN SUFFRAGE & THE LAW

• “Having deprived her of this first right of a citizen, the elective franchise, thereby leaving her without representation in the halls of legislation, he has oppressed her on all sides.”

• “He has made her, if married, in the eyes of the law, CIVILLY DEAD”.

From Declaration of Sentiments

Women were deprived of…:

• Property, even her wages

• Morally irresponsible as she can commit crimes provided they are in the presence of her husband

• Compelled to promise obedience to her husband making him master

• …

Remember the LadiesA reader’s theater for six voices: one narrator (N), three females (F), and two males (M)N: This is an exchange of letters between Abigail Adams and her husband, John Adams. John was working with Benjamin Franklin and Thomas Jefferson on a draft of the Declaration of Independence in the spring of 1776. Abigail was very concerned that the new laws would not do anything to increase the freedoms of the ladies in society. ABIGAIL ADAMS TO JOHN ADAMS, MARCH 31, 1776F1: I long to hear that you have declared an independency. And, by the way, in the new code of laws which I suppose it will be necessary for you to make, I desire you would remember the ladies and be more generous and favorable to them than your ancestors.F2: Do not put such unlimited power into the hands of the husbands.F3: Remember, all men would be tyrants if they could. If particular care and attention is not paid to the ladies, we are determined to foment a rebellion, and will not hold ourselves bound by any laws in which we have no voice or representation.F1: That your sex are naturally tyrannical is a truth so thoroughly established as to admit of no dispute; but such of you as wish to be happy willingly give up—the harsh tide of master for the more tender and endearing one of friend.

BOTH ABOLITIONISM & WOMEN’S SUFFRAGE

• PROMOTED THE EXPANSION OF THE AMERICAN PROMISE OF LIBERTY & EQUALITY – TO African Americans & to women

• At the FIRST WOMEN’S RIGHTS CONVENTION IN SENECA FALLS –Frederick Douglass, the Motts, Wrights, Stantons, MClintocks & Hunts – all active abolitionists

The Antislavery – Women’s Suffrage Connection

• “Women can neither take the Ballot nor the Bullet…therefore to use, the right to petition is the one sacred right which we ought not to neglect.”

– Susan B. Anthony, Address to the American Anti-Slavery Society, 1863

PREAMBLE TO THE PHILADELPHIA FEMALE ANTI-

SLAVERY CONSTITUTION, 1833

• “…the flagrant injustice and deep sin of slavery”

• HAVE YOUR STUDENTS FIND OTHER CONNECTIONS

AND OTHER CONNECTIONS…

• BOTH AFRICAN AMERICAN AND WOMEN’S MOVEMENT REACH MOST OF THEIR GOALS WITH THE CIVIL RIGHTS ACT OF 1964

• NATIVE AMERICANS PART OF AFFIRMATIVE ACTION SUPPORT

Stanton & Anthony

• The Selected Papers of Elizabeth Cady Stanton and Susan B. Anthony

• Volume one: In the School of Anti-Slavery, 1840 to 1866 (1997)

• Volume two: Against an Aristocracy of Sex, 1866 to 1873 (2000)

• Volume three: National Protection for National Citizens, 1873 to 1880 (2003)

• Volume four: When Clowns Make Laws for Queens, 1880 to 1887 (2006)

• Volume five: Their Place Inside the Body-Politic, 1887 to 1895 (2009)

SENECA FALLS – WOMEN’S SUFFRAGE AND

UNDERGROUND RAILROAD MUSEUM

• Did you know that one of the organizers of the First Women's Rights Convention in America, Martha Coffin Wright, frequently housed fugitive slaves in her kitchen?

SENECA FALLS

See Traveling Trunks

A Declaration of SentimentsSeneca Falls Conference, New York, 1848When, in the course of human events, it becomes necessary for one portion of the family of man to assume among the people of the earth a position different from that which they have hitherto occupied, but one to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes that impel them to such a course.

We hold these truths to be self-evident: that all men and women are created equal; that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness;