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The Trail of Tears
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The Trail of Tears
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What IS the Trail of Tears?

Since first contact with European explorers in the 1500s, the Cherokee Nation has been recognized as one of the most progressive among American Indian tribes. Before contact, Cherokee culture had developed and thrived for almost 1,000 years in the southeastern United States--the lower Appalachian states of Georgia, Tennessee, North and South Carolina, and parts of Kentucky and Alabama. Life of the traditional Cherokee remained unchanged as late as 1710, which is marked as the beginning of Cherokee trade with the whites. White influence came slowly in the Cherokee Country, but the changes were swift and dramatic. The period of frontier contact from 1540-1786, was marked by white expansion and the cession of Cherokee lands to the colonies in exchange for trade goods. After contact, the Cherokees acquired many aspects of the white neighbors with whom many had intermarried. Soon they had shaped a government and a society that matched the most "civilized" of the time.

Migration from the original Cherokee Nation began in the early 1800s as Cherokees wary of white encroachment moved west and settled in other areas of the country's vast frontier. White resentment of the Cherokees had been building as other needs were seen for the Cherokee homelands. One of those needs was the desire for gold that had been discovered in Georgia. Besieged with gold fever and with a thirst for expansion, the white communities turned on their Indian neighbors and the U.S. Government decided it was time for the Cherokees to leave behind their farms, their land and their homes.

A group known as the Old Settlers had moved in 1817 to lands given to them in Arkansas, where again they established a government and a peaceful way of life. Later they, too, were forced into Indian Territory.

Once an ally of the Cherokees, President Andrew Jackson authorized the Indian Removal Act of 1830, following the recommendation of President James Monroe in his final address to Congress in 1825. Jackson sanctioned an attitude that had persisted for many years among many white immigrants. Even Thomas Jefferson, who often cited the Great Law of Peace of the Iroquois Confederacy as the model for the U.S. Constitution, supported Indian Removal as early as 1802.

The displacement of native people was not wanting for eloquent opposition. Senators Daniel Webster and Henry Clay spoke out against removal. Reverend Samuel Worcester, missionary to the Cherokees, challenged Georgia's attempt to extinguish Indian title to land in the state, winning the case before the Supreme Court.

Worcester vs. Georgia, 1832, and Cherokee Nation vs. Georgia, 1831, are considered the two most influential decisions in Indian law. In effect, the opinions challenged the constitutionality of the Removal Act and the US. Government precedent for unapplied Indian-federal law was established by Jackson's defiant enforcement of the removal.

The U.S. Government used the Treaty of New Echota in 1835 to justify the removal. The treaty, signed by about 100 Cherokees and known as the Treaty Party, relinquished all lands east of the Mississippi River in exchange for land in Indian Territory and the promise of money, livestock, and various provisions and tools.

When the pro-removal Cherokee leaders signed that treaty, they also signed their own death warrants. The Cherokee National Council earlier had passed a law that called for the death penalty for anyone who agreed to give up tribal land. The signing and the removal led to bitter factionalism and the deaths of most of the Treaty Party leaders in Indian Territory.

Opposition to the removal was led by Chief John Ross, a mixed-blood of Scottish and one-eighth Cherokee descent. The Ross party and most Cherokees opposed the New Echota Treaty, but Georgia and the U.S. Government prevailed and used it as justification to force almost all of the 17,000 Cherokees from the southeastern homelands.

Under orders from President Jackson, the U.S. Army began enforcement of the Removal Act. Around 3,000 Cherokees were rounded up in the summer of 1838 and loaded onto boats that traveled the Tennessee, Ohio, Mississippi, and Arkansas Rivers into Indian Territory. Many were held in prison camps awaiting their fate. In the winter of 1838-39, 14,000 were marched 1,200 miles through Tennessee, Kentucky, Illinois, Missouri, and Arkansas into rugged Indian Territory.

An estimated 4,000 died from hunger, exposure and disease. The journey became an eternal memory as the "trail where they cried" for the Cherokees and other removed tribes. Today it is remembered as the Trail of Tears.

Those who were able to hide in the mountains of North Carolina or who had agreed to exchange Cherokee citizenship for U.S. citizenship later emerged as the Eastern Band of Cherokee Indians of Cherokee, N.C. The descendants of the survivors of the Trail of Tears comprise today's Cherokee Nation with membership of more than 165,000

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John G. Burnett’s Story of the Removal of the Cherokees

 

 

 



Birthday Story of Private John G. Burnett, Captain Abraham McClellan’s Company, 2nd Regiment, 2nd Brigade, Mounted
Infantry, Cherokee Indian Removal, 1838-39.


Children:
This is my birthday,
December 11, 1890, I am eighty years old today. I was born at Kings Iron Works in
Sulllivan County, Tennessee, December the 11th, 1810
. I grew into manhood fishing in Beaver Creek and roaming through the forest hunting the deer and the wild boar and the timber wolf. Often spending weeks at a time in the solitary wilderness with no companions but my rifle, hunting knife, and a small hatchet that I carried in my belt in all of my wilderness wanderings.

On these long hunting trips I met and became acquainted with many of the Cherokee Indians, hunting with them by day and sleeping around their camp fires by night. I learned to speak
their language, and they taught me the arts of trailing and building traps and snares. On one of my long hunts in the fall of 1829, I found a young Cherokee who had been shot by a roving band of hunters and who had eluded his pursuers and concealed
himself under a shelving rock. Weak from loss of blood, the poor creature was unable to walk and almost famished for water. I carried him to a spring, bathed and bandaged the bullet wound, and built a shelter out of bark peeled from a dead chestnut tree. I nursed and protected him feeding him on chestnuts and toasted deer meat. When he was able to travel I accompanied him to the home of his people and remained so long that I was given up for lost. By this time I had become an expert rifleman and fairly good archer and a good trapper and
spent most of my time in the forest in quest of game.

The removal of Cherokee Indians from their life long homes in the year of 1838 found me a young man in the prime of life and a Private soldier in the American Army. Being acquainted with many of the Indians and able to fluently speak their language, I was sent as interpreter into the Smoky Mountain Country in May, 1838, and witnessed the execution of the most brutal order in the History of American Warfare. I saw the helpless
Cherokees arrested and dragged from their homes, and driven at the bayonet point into the stockades. And in the chill of a drizzling rain on an October morning I saw them loaded like
cattle or sheep into six hundred and forty-five wagons and started toward the west.

One can never forget the sadness and solemnity of that morning. Chief John Ross led in prayer and when the bugle sounded and the wagons started rolling many of the children rose to their feet and waved their little hands good-by to their mountain homes, knowing they were leaving them forever. Many of these helpless people did not have blankets and many of them had been driven from home barefooted.

On the morning of November the 17th we encountered a terrific sleet and snow storm with freezing temperatures and from that day until we reached the end of the fateful journey on
March
the 26th, 1839
, the sufferings of the Cherokees were awful. The trail of the exiles was a trail of death. They had to sleep in the wagons and on the ground without fire. And I have known as many as twenty-two of them to die in one night of pneumonia due to ill treatment, cold, and exposure. Among this number was the beautiful Christian wife of Chief John Ross. This noble hearted woman died a martyr to childhood, giving her only blanket for
the protection of a sick child. She rode thinly clad through a blinding sleet and snow storm, developed pneumonia and died in the still hours of a bleak winter night, with her head resting on Lieutenant Greggs saddle blanket.

I made the long journey to the west with the Cherokees and did all that a Private soldier could do to alleviate their sufferings. When on guard duty at night I have many times walked my beat in my blouse in order that some sick child might have the warmth of my overcoat. I was on guard duty the night Mrs. Ross died. When relieved at
midnight
I did not retire, but remained around the wagon out of sympathy for Chief Ross, and at daylight was detailed by Captain McClellan to assist in the burial like the other unfortunates who died on the way. Her
unconfined body was buried in a shallow grave by the roadside far from her native home, and the sorrowing Cavalcade moved on.
Being a young man, I mingled freely with the young women and girls. I have spent many pleasant hours with them when I was supposed to be under my blanket, and they have many times sung their mountain songs for me, this being all that they could do to repay my kindness. And with all my association with Indian girls from October 1829 to
March 26th 1839
, I did not meet one who was a moral prostitute. They are kind and tender hearted and many of them are beautiful.

The only trouble that I had with anybody on the entire journey to the west was a brutal teamster by the name of Ben McDonal, who was using his whip on an old feeble Cherokee to hasten him
into the wagon. The sight of that old and nearly blind creature quivering under the lashes of a bull whip was too much for me. I attempted to stop McDonal and it ended in a personal encounter. He lashed me across the face, the wire tip on his whip cutting a bad gash in my cheek. The little hatchet that I had carried in my hunting days was in my belt and McDonal was carried unconscious from the scene.

I was placed under guard but Ensign Henry Bullock and Private Elkanah Millard had both witnessed the encounter. They gave Captain McClellan the facts and I was never brought to trial. Years later I met 2nd Lieutenant Riley and Ensign Bullock at Bristol at John Roberson’s show, and Bullock jokingly reminded me that there was a case still pending against me before a court martial and wanted to know how much longer I was going to have the trial put off?

McDonal finally recovered, and in the year 1851, was running a boat out of Memphis,
Tennessee.

The long painful journey to the west ended
March 26th, 1839, with four-thousand silent graves reaching from the foothills of the
Smoky Mountains to what is known as Indian territory in
the West. And covetousness on the part of the white race was the cause of all that the Cherokees had to suffer. Ever since Ferdinand DeSoto made his journey through the Indian country in the year 1540, there had been a tradition of a rich gold mine
somewhere in the
Smoky Mountain
Country, and I think the tradition was true. At a festival at Echota on Christmas night 1829, I danced and played with Indian girls who were wearing
ornaments around their neck that looked like gold.

In the year 1828, a little Indian boy living on Ward creek had sold a gold nugget to a white trader, and that nugget sealed the doom of the Cherokees. In a short time the country was
overrun with armed brigands claiming to be government agents, who paid no attention to the rights of the Indians who were the legal possessors of the country. Crimes were committed that were a disgrace to civilization. Men were shot in cold blood, lands were confiscated. Homes were burned and the inhabitants driven out by the gold-hungry brigands.

Chief Junaluska was personally acquainted with President Andrew Jackson. Junaluska had taken 500 of the flower of his Cherokee scouts and helped Jackson to win the battle of the Horse Shoe, leaving 33 of them dead on the field. And in that battle Junaluska had drove his tomahawk through the skull of a Creek warrior, when the Creek had
Jackson
at his mercy.

Chief John Ross sent Junaluska as an envoy to plead with President Jackson for protection for his people, but
Jackson
’s manner was cold and indifferent toward the rugged son of the
forest who had saved his life. He met Junaluska, heard his plea but curtly said, "Sir, your audience is ended. There is nothing I can do for you." The doom of the Cherokee was sealed. Washington, D.C., had decreed that they must be driven West and their lands given to the white man, and in May 1838, an army of 4000 regulars, and 3000 volunteer soldiers under command of General Winfield Scott, marched into the Indian country and wrote the blackest chapter on the pages of American history.

Men working in the fields were arrested and driven to the stockades. Women were dragged from their homes by soldiers whose language they could not understand. Children were often
separated from their parents and driven into the stockades with the sky for a blanket and the earth for a pillow. And often the old and infirm were prodded with bayonets to hasten them to the stockades.

In one home death had come during the night. A little sad-faced child had died and was lying on a bear skin couch and some women were preparing the little body for burial. All were
arrested and driven out leaving the child in the cabin. I don’t know who buried the body.

In another home was a frail mother, apparently a widow and three small children, one just a baby. When told that she must go, the mother gathered the children at her feet, prayed a
humble prayer in her native tongue, patted the old family dog on the head, told the faithful creature good-by, with a baby strapped on her back and leading a child with each hand started on her exile. But the task was too great for that frail mother. A stroke of heart failure relieved her sufferings. She sunk and died with her baby on her back, and her other two children
clinging to her hands.

Chief Junaluska who had saved President Jackson’s life at the battle of Horse Shoe witnessed this scene, the tears gushing down his cheeks and lifting his cap he turned his face toward
the heavens and said, "Oh my God, if I had known at the battle of the Horse Shoe what I know now, American history would have been differently written."

At this time, 1890, we are too near the removal of the Cherokees for our young people to fully understand the
enormity of the crime that was committed against a helpless race. Truth is, the facts are being concealed from the young people of today. School children of today do not know that we are living on lands that were taken from a helpless race at the bayonet point to satisfy the white man’s greed.

Future generations will read and condemn the act and I do hope posterity will remember that private soldiers like myself, and like the four Cherokees who were forced by General Scott to
shoot an Indian Chief and his children, had to execute the orders of our superiors. We had no choice in the matter.

Twenty-five years after the removal it was my privilege to meet a large company of the Cherokees in uniform of the Confederate Army under command of Colonel Thomas. They were encamped
at Zollicoffer and I went to see them. Most of them were just boys at the time of the removal but they instantly recognized me as "the soldier that was good to us". Being able to talk to them in their native language I had an enjoyable day with
them. From them I learned that Chief John Ross was still ruler in the nation in 1863. And I wonder if he is still living? He was a noble-hearted fellow and suffered a lot for his race.

At one time, he was arrested and thrown into a dirty jail in an effort to break his spirit, but he remained true to his people and led them in prayer when they started on their exile. And his Christian wife sacrificed her life for a little girl who had pneumonia. The Anglo-Saxon race would build a towering
monument to perpetuate her noble act in giving her only blanket for comfort of a sick child. Incidentally the child recovered, but Mrs. Ross is sleeping in a unmarked grave far from her native
Smoky Mountain home.

When Scott invaded the Indian country some of the Cherokees fled to caves and dens in the mountains and were never captured and they are there today. I have long intended going there and trying to find them but I have put off going from year to year and now I am too feeble to ride that far. The fleeing years have come and gone and old age has overtaken me. I can truthfully say that neither my rifle nor my knife were stained with Cherokee blood.

I can truthfully say that I did my best for them when they certainly did need a friend. Twenty-five years after the
removal I still lived in their memory as "the soldier that was good to us".

However, murder is murder whether committed by the villain skulking in the dark or by uniformed men stepping to the strains of martial music.

Murder is murder, and somebody must answer. Somebody must explain the streams of blood that flowed in the Indian country in the summer of 1838. Somebody must explain the 4000 silent
graves that mark the trail of the Cherokees to their exile. I wish I could forget it all, but the picture of 645 wagons lumbering over the frozen ground with their cargo of suffering humanity still lingers in my memory.

Let the historian of a future day tell the sad story with its sighs, its tears and dying groans. Let the great Judge of all the earth weigh our actions and reward us according to our work.

Children - Thus ends my promised birthday story. This
December the 11th, 1890
.

Tsalagi

History of The Cherokee

"We are not put on this earth for ourselves, but are placed here for each other. If you are always there for others, then in time of need, someone will be there for you.

-- Jeff Warner