Henry Baldwin Quotes
To correctly understand the Constitution, then, we must read it with reference to this well known existing State of our relations with the Indians -- the United States asserting the right of soil, sovereignty, and jurisdiction, in full dominion, the Indians occupant of allotted hunting grounds.
Henry Baldwin, 1780-1844, U. S. Supreme Court Justice, U. S. Congressman (PA), Concurring Opinion, Cherokee Nation v. Georgia, 1831
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While Jefferson was clear on this point, there were other forces and points of view that did not recognize Indian rights and were prepared to use force to obtain Indian lands. These, together with some Indians who made bad and sometimes corrupt bargains and treaties ceding land, produced the loss of most of the Indian land in America.
Jackson’s policies regarding Indians set back all the work of the earlier Presidents and created facts on the ground and attitudes that vex us to this day. In this occasion he said very forthrightly that it was his intention to deny Indians title to ANY land in the then United States. His idea was to send all the Indians to the Oklahoma Indian Territory and establish reservations for them there. Of course, as the Western states joined the Union, the Whites wanted those Indian Lands as well. See {643150} for other Jackson views on Indian policy.
The intentions of the Founding Fathers towards the Indians was decent, respectful, and well intentioned. However, there was not enough of a system of enforcement or the will to enforce when the greed of the average whites grew too great. Many settlers saw these vast lands and could not see any harm in using a few acres for their farm. And if there had been only a few, there would have been little trouble. However, the settlers kept coming and coming and soon the Indians began to push back. In a sense, it was a class problem. The members of the Continental Congress who wrote the Northwest Ordinance were educated, affluent men who had plenty of land. Most of the men who contested for the Indian lands had little land or were newly affluent and saw few limits to America.
With different concepts of land ownership Europeans and Indians were at odds over purchases from the earliest times. This was the first of the many efforts to eliminate problems of contention with Native Americans over land.
More and more whites had been encroaching on land of the Chickasaw Reservation which the United States was bound to protect. However, soldiers fighting whites was politically unpalatable and the Government came up with the idea of providing land West of the Mississippi as a new reservation in exchange for the existing reservation. The Indians expenses of moving would be paid and they would be given generous provisions in the new lands. The U. S. negotiators were surprised when the translator for the Chickasaw negotiators made this speech which was then reported to the President and Congress. Andrew Jackson was strongly in favor of Indian Removal and he had forced other tribes out of their lands. Eventually the Government upped the ante and agreed to pay the Chickasaw the large sum of $3 million to move and they Chickasaw realized that if they did not accept, they would be removed as other tribes had been, The promised payment was delayed over Congressional arguments over appropriations but eventually the Chickasaw were paid.
Note that there was still a serious attempt to coexist with the Indians and to pay for lands that whites moved into. This would change radically in the administration of Andrew Jackson who would replace Adams.
The meeting included several Indians, President Grant, and the Secretary of the Interior and the Director of the Bureau of Indian Affairs. The Indians had been offered $25,000 and land in the Oklahoma Indian Territory in exchange for moving from their traditional lands.
This is one of the first Policy Statements of the new Republic about the Indians. Essentially, although the government policy was reasonable and fair, public opinion was totally different and the leadership could not persuade the people on this point. One complicating factor was the fact that most of the Indian tribes had overtly or covertly sided with the British in the Civil War. Many Indians were exiled to Canada. Even the Indians who were American allies, had their lands encroached upon however.
Jackson refused to obey this decision, He was the only American President who disobeyed a Supreme Court Decision. In doing this, he killed tens of thousands of Indians, allowed the Southern Whites to steal most of the Cherokee land. His Indian Removal, contrary to this Supreme Court decision, was the worst case of ethnic cleansing in the history of the United States.
The whites had constantly encroached on the Cherokee land which was too large for any reasonable patrolling by the Indians themselves. The Federal government persuaded the Cherokee to sign a treaty by which the Indians would give up their title to the larger part of their land. The most important quid pro quo was that the Federal Government would protect the remainder of the Cherokee land from incursion by whites or even other Indians. However, whites who coveted the land started to encroach and build farms and ranches. The Federal government was reluctant to use American soldiers against American citizens and was looking for a way out. However, the Cherokee chiefs were reminding them of their obligation. The state governments were less concerned about Federal treaties, and Georgia passed a law that said that all the Cherokee land must be governed by State Law contrary to the Treaty which gave the Cherokee total sovereignty. But the Feds were not anxious to have a showdown with the states on this issue. Whites, with the connivance of the state governments and the support of some Federal Officials offered to amend the treaty with the Cherokee. The whites would pay the Indians fair market value for their land in the East. The Federal Government would provide equal amount of land in the Indian Territory of Oklahoma, then a territory. The Feds would assist with the relocation and provide troops to protect the Cherokee from thieves and raiders—whites and Indians, and would guarantee that the Cherokee would be completely sovereign in the new land. The chief’s did not want to renegotiate the old treaty—they just wanted it enforced. The Supreme Court ruled in their favor, but President Jackson, ignored the ruling and forced the Cherokee onto the Trail of Tears for Oklahoma and the whites took over the valuable Cherokee land.
Henry Baldwin was an Associate Justice of the Supreme Court of the United States from January 6, 1830, to April 21, 1844.
