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Jordan Rogers
Dr. Neff
HIS 400
October 26, 2016
Cherokee Tribe During the Civil War Era

There were many internal and external conflicts with the Cherokee Nation leading up to
the American Civil War. The Cherokee along with other Native American tribes were being
forced to move from their native homelands to new Indian Territory by the Union in order of
forming the United States. Some Cherokee saw relocation as inevitable but the majority of
Cherokee fought to their lands and traditions. This is why Tribal History is the most important
factor in determining Confederate or Union loyalty for many Cherokee.
By the Cherokees demonstration of adaptability to the Western Culture they were known
as civilized. They were one of the Five Civilized Tribes along with the Chickasaw, Choctaw,
Creek, and Seminole tribes. The Cherokee tribe established a governmental system that was
modeled after the one of the United States. In 1827, the Cherokee drafted a constitution and
became the Cherokee Nation.1 This two tiered legislature was composed by Major Ridge and his
son John Ridge. With this constitution came an elected principal chief, a senate and a house of
representatives. John Ross, who served as president of the National Council of Cherokee, was
elected as Principal Chief of the eastern branch of the Cherokee Nation in 1828.2
Ever since the early 1800s the federal government had been imposing on the Cherokee by
forcing treaties with the tribe to ensure peace. During the 1820s and 30s the state of Georgia
lead countless campaigns to remove the Cherokee from their land. In December of 1826 the
Georgia state senate passed a request that the president should initiate a treaty with the
1 Funk & Wagnalls, Cherokee, (Funk & Wagnalls New World Encyclopedia, 2015).
2 Gary E. Funk, Ross, John, (Houghton Miffin, 1996).

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Cherokees, the object of which shall be to extinguish the title to all or any part of the lands now
in their possession within the limits of Georgia. The federal government was reluctant to act on
this because of previous treaties like The Compact of 1802, which stipulates that any lands
granted by the Cherokee must be peacefully obtained. To further their position in the matter
Georgia passed a series of resolutions in December of 1827 which stated that the Cherokee
constitution was inconsistent with the rights of Georgia and that the states General Assembly
had all the authority to claim Cherokee lands on any term they saw pleased to prescribe.3 A year
later on December 3, 1828, the state representatives introduced a bill to the Georgia General
Assembly stating to extend laws of the state over the Cherokee and securing to the indians the
enjoyment of civil rights. The bill was mandated and gave Georgia authority over the Cherokee.
Georgias Gold Rush helped mark the beginning of the end of the Cherokee Nation in Georgia.
It is hard to say when the gold rush started in Georgia because there is no contemporary
documentation that has been found to support any claims before before August 1, 1829. On this
date there was an article that appeared in the Georgia Journal claiming that there were two gold
mines discovered at Dahlonega, on Cherokee land claimed by Georgia. This caused a vast influx
of twenty-niners into the Cherokee Nation. It was reported in the Niles Register that that by
June 1830 there were four thousand miners searching the shores of Yahoola Creek.4 The Gold
Rush demanded the federal government to remove the Cherokee by state officials. These state
officials finally received help on this situation with the election of 1829 when Andrew Jackson
was elected President. With Jackson ignoring treaty obligations and the Constitution itself by
pressing forward with his Indian removal policy.
3 David Williams, Georgia Gold Rush: Twenty-niners, Cherokees, and Gold Fever (Columbia, South
Carolina, University of South Carolina Press, 1993), pg. 21-36.

4 David Williams, Georgia Gold Rush: Twenty-niners, Cherokees, and Gold Fever (Columbia, South
Carolina: University of South Carolina Press, 1993), pg. 21-36.

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In 1830, President Andrew Jackson signed a law known as the Indian Removal Act. This act
forced the relocation of Native Americans West of the Mississippi River and stripped them of
rights under laws of the state. From 1830 to 1840 approximately 60,000 Native Americans were
forced to migrate.5 Principal Chief John Ross led a delegation in 1830, defending Cherokee
Rights before the U.S. Supreme Court in Cherokee Nation V. Georgia. The Cherokee Nation
claimed that Georgias state legislation had created laws that go directly to annihilate the
Cherokees as a political society. The state of Georgia pushed to bring evidence that the
Cherokee could not sue as a foreign nation due to the fact that they did not have a constitution
or a strong central government. The Attorney General, William Wirt, argued that the Cherokee
Nation was a foreign nation in the sense of our constitution and law and was not subject to
Georgias jurisdiction. Wirt asked for the Supreme Court to void the laws Georgia had over the
Cherokee lands on the grounds that they violated the United States Constitution, United States
Cherokee treaties, and United States intercourse laws.6 Although the court agreed to hear the
case they ruled in favor of the state of Georgia. The court ruled that the constitution did not
consider Native American tribes as foreign nations but more as domestic dependent nations.
Chief Justice Marshall claimed that a Native American tribe or nation within the United States is
not a foreign state in the sense of the constitution, and can not maintain an action in the courts of
the United States. He also wrote that the relationship between the tribes to the United States
resembles that of a ward to its guardian.7 There was also another Supreme Court case
involving Samuel Worcester and the state of Georgia. This case helped build the foundations of

5 Indian Removal Act of 1830, (United States: Legal Material, 1830).


6 "The Cherokee Nation vs. The State of Georgia, (Georgia: Supreme Court of the United States, 1831).
7 "The Cherokee Nation vs. The State of Georgia, (Georgia: Supreme Court of the United States, 1831).

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the doctrine of tribal sovereignty in the United States. It did this by stating that the federal
government was the sole authority to deal with Native American Nations.8
While the Cherokee party had been dealing with these external conflicts against the nation from
the United States there were also internal conflicts that were beginning to surface as well. Major
Ridge was one of the more progressive warriors of the tribe and was also named as John Ross
counselor when he was named Principal Chief. Ridge helped Ross become the tribes primary
negotiator for the cases in Washington but he was also one of the leaders of this internal conflict
in the nation.9 This internal conflict became to be known as the Ridge Party which represented
the elite Cherokee. The Ridge Party was led by four men of the Cherokee Nation: Major Ridge,
his son John Ridge, and his nephews Elias Boudino and Stand Watie.10 While many Cherokee
refused the Indian Removal Act of 1830, the party saw relocation of the tribe as inevitable and
believed that the Cherokee Nation needed to make the best deal possible for preserving their
rights in Indian Territories. President Jackson and Secretary of War Lewis Cass began growing
restless of the refusal of the Cherokee and ordered the Reverend John F. Schermerhorn to sign a
treaty with this Cherokee group known as the Ridge Party. The Treaty of New Echota was
signed on December 29, 1835, which concluded that resistance from the Cherokee was over.
With this treaty the Cherokee Nation ceded all of its territory west of the Mississippi River for
five million dollars and a large tract in Oklahoma. Although the treaty was not signed by the
Principal Chief of the Cherokee Nation John Ross, it was amended and ratified by the United
States Senate in March of 1836. However John Ross did not lay down to this treaty unlike the
members of the Ridge Party who had at this time already moved to Oklahoma. On April of
8 "Samuel A. Worcester, plaintiff in error v. The State of Georgia, (Georgia: Supreme Court of the United
States, 1832).

9 Brian Hicks, The Holdouts, (Smithsonian, Volume 41 Issue 11), pg. 50-60.
10 Peter C. Mancall, Treaty of New Echota, (New York: Houghton Mifflin Harcourt Publishing Company,
Vol. 3, 2015), pg. 649-650.

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1838, Ross submitted a petition with 15,665 signatures to the United States Congress claiming
that the treaty was invalid and did not have the support of the majority of the Cherokee Nation
and asking the United States to void the treaty.11
With the refusal of the United States to void the Treaty of New Echota the War Department sent
General Winfield Scott to Georgia along with 7,000 federal troops to evict the remaining
Cherokee who were still living on what used to be their native lands. The troops were ordered to
take the Cherokee people east of the Mississippi River to the new Indian Territory in a peaceful
manner, however this was not the case. During the roundup the Cherokee were being forced out
of their homes at gun point, being separated from their families, and only being given a few
minutes to pack up all of their belongings and valuables. This act of the removal from 1838 to
1839 became to be known as the Trail of Tears. The Cherokee people gave this journey the name
because of its devastating effects on their tribe. Groups were being led by railroads, boats, and
wagons, primarily on Water Routes. Still over 15,000 people waited on removal in very poor
conditions.
Crowdedness, lack of sanitation and a drought made conditions terrible for these people.
Many of the Cherokee people began to die. One of the groups who were traveling over Arkansas
during the summer were suffering with three to five deaths every day from illness and drought.
The Cherokee still remaining in Georgia were allowed to wait until after the harsh conditions of
the summer to travel on the one condition that they must stay in internment camps until their
travels. By the fall 12 groups of 1,000 each marched over 800 miles across Tennessee,
Kentucky, Illinois, Missouri, and Arkansas.12 With heavy weather conditions there was little
grazing and game for equal rations causing people to die of starvation. The weather also caused
11 Peter C. Mancall, Treaty of New Echota, (New York: Houghton Mifflin Harcourt Publishing Company,
Vol. 3, 2015), pg. 649-650.

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them to exposure and diseases. Although it is unsure of how many people died during the Trail
of Tears it is said that it was especially hard for the elderly, infants, and children to survive. The
Missionary Doctor who accompanied the Cherokee, Elizur Butler claims that it is estimated that
over 4,000 people died during the Trail of Tears, nearly a fifth of the Cherokee Nation.13
By March of 1839 all of the survivors of the Trail of Tears were now in Oklahoma. Even though
the Cherokee were now in a different location there was still a division of two groups within the
Nation: the Treaty Party and the Eastern Cherokee. With the members of the Treaty Party
moving to the west before they formed an alliance with the Old Settlers in the west. They were
able to form this alliance because the Old Settlers did not want new settlers coming in their
territory changing their laws and the Treaty Party did not want to live under the laws of people
who saw them as traitors.14 So when the Eastern ban of new settlers arrived in Oklahoma they
were greeted by the opposed settlers of the West.
The new settlers still believed in the original laws of the Nation meaning the Blood Law was
still in effect. According to the Blood Society, Blood revenge was a question of harmony, not
necessarily of a vendetta. If a member from one clan killed the member of another, then balance
must be restored. Blood revenge was considered very sacred and was carried out under the
utmost sincerity. If a member of the clan: A) should kill a member of the clan B, the clan B)
would be owed one life, and the clan A) would pay with a life. Usually, the eldest brother or
nearest male relative of a victim was expected to be the avenger of spilled blood. As far as the
aggressor concerns, the entire clan was responsible for the crime of one of its members, and there
were no exceptions. It was a system that worked well for the Cherokees, because relatives
themselves would bring the fugitive to justice to avoid like punishment.
13 Blake Hausman, Riding the Trail of Tears, (Lincoln Nebraska: University of Nebraska Press, 2011).
14 Thad Perdue, Chapter 5: The Cherokee in the West, (University of Kansas, 1989).

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Using this Blood Law, John Ross son arranged the murder of the leaders of the Treaty
Party for betraying their nation. On June 22, 1839, several different groups of the Cherokee
Nation who were John Ross supporters assassinated the leaders of the Ridge Party: Major Ridge,
John Ridge, and Elias Boudinot.15 The other member of the Ridge Party, Stand Watie, fought
during this attack and managed to escape to Arkansas. When John Ross heard of the news of
Major Ridges death he had this to say Once I saved Major Ridge at Red Clay, and would have
done so again had I known of the plot.16
After the deaths of the members of the Treaty Party the National Party knew that something had
to be done before a civil war broke out between the Cherokee Nation. Many leaders of the Old
Settlers in the West came together with John Ross followers and drafted a new Constitution on
September 6, 1839. This constitution was in great resemblance to the constitution of the east in
1827 and even elected John Ross as the new Chief Principal of the Cherokee Nation.17 There
were some Old Settlers who did not agree with this new constitution but the majority of the
Nation accepted these new laws.
The new constitution however did not stop the division between the Cherokee Nation. Because
of the Office of Indian Affairs that was established in 1824, the Treaty Party were able to have
hearings about oppositions of the new constitution.18 The bad blood within the Nation continued
violence for several years after the new constitution. One of the groups who rebelled against the
unification of the Cherokee consisted of Stand Watie and others who had signed the New Echota
Treaty. They were still looking to avenge the deaths of the members of the Ridge Party. There
were other who were rebelling that came to be more of outlaws than abolitionists such as Tom
15 Brian Hicks, The Holdouts, (Smithsonian, Volume 41 Issue 11), pg. 50-60.
16 Brian Hicks, The Holdouts, (Smithsonian, Volume 41 Issue 11), pg. 50-60.
17 Thad Perdue, Chapter 5: The Cherokee in the West, (University of Kansas, 1989).
18 Thad Perdue, Chapter 5: The Cherokee in the West, (University of Kansas, 1989).

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Starr and his brothers. They claimed that all they were doing was protecting their father but they
brought terror upon the Cherokee Nation by murder and robbery until they were killed in 1848.19
The Civil War of the Cherokee continued until 1846 when federal officials intervened and forced
a new treaty upon the Cherokee Nation.20 The Treaty of 1846 brought the end of the Cherokee
Civil War by Stand Watie, John Ross, and other Cherokee leaders being forced into agreement
with this treaty.21
With this new found peace in the Cherokee Nation the nation began to prosper. Missionaries
from the East who had helped the Cherokee establish churches and mission schools for the
Nation had moved West to help reestablish these things. In the 1840s they established a system
for public schools. There were two schools that were established in the Nation: one for men and
the other for women. The Nation also had a begun publishing the Cherokee Advocate, which
contained the laws of the Nation, national and international news, and advertisements printed
both in English and Cherokee. Even though the Nation seemed to be growing stronger many of
these new ventures were stopped at a halt because of Nations financial situation growing
worse.22 One of the reasons for this financial problem was that the United States was not paying
the Cherokee Nation the due they promised them with the treaty of the removal act.
Another way the Cherokee people began to prosper was by building homes and farms on the
Indian Territory in the West. As it was in the East, the standards for living varied throughout the
Nation. Some owned only a one room shack with a couple of acres and others owned mansions
with multiple acres. The total population of Cherokee consisted of 21,000 people owning

19 Thad Perdue, Chapter 5: The Cherokee in the West, (University of Kansas, 1989).
20 Kenny A. Franks, Watie, Stand (DE-GA-TA-GA), (Houghton Mifflin Harcourt Publishing Company,
1996), pg. 678-680.

21 Thad Perdue, Chapter 5: The Cherokee in the West, (University of Kansas, 1989).
22 Thad Perdue, Chapter 5: The Cherokee in the West, (University of Kansas, 1989).

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102,000 acres of land, 240,000 cattle, 20,000 horses and mules,15,000 hogs and 4,000. The
cattle ranchers and salt producers had the upper-hand when moving to Oklahoma because of
their wealth. They brought with them the profits that they had accumulated in the East as well as
the African American slaves that they owned.23
During this time of reestablishing the Cherokee in the West, there was controversy within the
United States. The issue of slavery was the cause of the controversy and in 1860 led to the
secession of the southern states, known as the Confederacy, from the United States. The
Confederacy seceded to form their own system of government away from the United States,
which ultimately became the cause of the American Civil War that started in 1861. The
American Civil War put the Cherokee Nation in a rather peculiar position. The laws of the
Cherokee legitimized the institution of slavery and their geographical location positioned them in
confederate territory. However, many slave-owning Cherokee did not want to ally themselves
with Southerners who forced their removal from the East. This caused a dilemma for the
Cherokee Nation and John Ross expressed this to the council by saying, Our locality and
situation ally us to the South, while to the North we are indebted for a defense of our rights in the
past and that enlarged benevolence to which we owe our progress in civilization.24
Most of the Cherokee had mixed feelings about slavery, especially the traditionalists, who
resented the domination factor that slaveholders held. These Cherokee did not condemn the
institution of slavery as being morally wrong but as being a detested feature of the AngloAmerican culture. The Northern Missionaries also played a factor by encouraging the rejection
of slavery because many of the Cherokee people respected them for the support they contributed
to the schools, churches, and aid during their removal from the east. These traditionalists and
23Thad Perdue, Chapter 5: The Cherokee in the West, (University of Kansas, 1989).
24 Thad Perdue, Chapter 5: The Cherokee in the West, (University of Kansas, 1989).

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even some slave-owners, such as John Ross, wanted to remain neutral about the situation. They
took this position so that they could protect the treaties between the United States and the
Cherokee Nation. It became harder for the Cherokee to maintain their neutrality when all of the
surrounding Native American Nations signed treaties joining them with the Confederacy in
1861.25 The other Native American Nations joined alliances with the Confederacy during 1861
because the United States refused to pay their annuities to the Native American Nations.26
Adding to the hardship of neutrality for the Cherokee Nation were a majority of the slaveholders
within the Nation. These slaveholders favored the idea of becoming allies with the Confederacy
and showed this by encouraging Stand Watie, who was a member of the Ridge Party, to organize
a regiment of Cherokee men for the Confederacy. Watie was commissioned to the position of
Colonel in the Confederate Army in July of 1861 and used this position to lead his Cherokee
Regiment of Mounted Rifles in hopes to seize John Ross position as Principal Chief.27 The
Cherokee Regiment of Mounted Rifles threatened to divide the Cherokee Nation. With the fear
of another division or southern coup, John Ross was reluctantly forced to sign an alliance with
the Confederacy. In August of 1861, the Cherokee Nation officially enlisted in the Confederate
Army.28 John Ross shows his loyalty to the Cherokee Nation by joining the Confederacy so that
the Nation would not be divided again.
The division of the Nation was inevitable though. There were some Cherokee Traditionalist
who opposed being apart of the Confederacy. The Cherokee who fled to the North and became
Unionist were known as Pins, because of the crossed pins they wore beneath their lapel on

25 Thad Perdue, Chapter 5: The Cherokee in the West, (University of Kansas, 1989).
26 Mary Jane Warde, Sarah Richardson, A Civil War Within the Civil War, (Massachusetts: Civil War
Times 54 no. 2, 2015).

27 Theda Perdue, Stand Waties War, (American History 50 no. 1, 2015), pg: 32-41.
28 Thad Perdue, Chapter 5: The Cherokee in the West, (University of Kansas, 1989).

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their uniforms. Not tribal history, but racial history became a factor of loyalty for some of these
traditionalists. An example of this occurred when the Confederate Army gave an order for the
capture of Opothleyohola, a Creek Traditionalist. The Confederacy wanted Opothleyohola
because he refused to be in alliance with the Confederacy and was putting together a group of
loyal Creeks to take refuge in Kansas above the Union lines. When the order was given by the
Confederate Army to capture Opothleyohola, these Cherokee Traditionalists, led by John Drew,
refused the order because they did not agree with fighting other Native Americans who shared
their same views on the war. So the night before the planned capturing these traditionalists fled
from the Confederacy camp. Some of the Cherokee fled with Opothleyohola and others returned
home refusing to fight for the Confederacy any longer.29 The Cherokee who refused to join the
Confederacy and joined the Union forces did so out of the loyalty to their tribe and tribal history.
When federal forces invaded the Cherokee Nation during the summer of 1862, John Ross saw
this as the perfect opportunity to flee the South and escape to the North in support of the Union.30
Ross claimed to have been captured by the Union and sent East to spend the remainder of the
war in Washington where he would become an advocate supporter of the Union. Ross loyalty to
the Confederacy was always half-hearted.31 Supporting the Union meant supporting the
traditional laws of the Cherokee tribe and that is what John Ross was ultimately trying to
accomplish. Many of the Cherokee officials who were in support of the Confederacy followed
Ross and joined the Union Army. With the departure of John Ross there was now a minority of
Cherokee who were in support of the Confederacy.
Once Ross left in support of the Union, a man by the name of Stand Watie saw his absence as an
opportunity to take charge of the Cherokee Nation. Watie was the first and only Cherokee
29 Thad Perdue, Chapter 5: The Cherokee in the West, (University of Kansas, 1989).
30 Thad Perdue, Chapter 5: The Cherokee in the West, (University of Kansas, 1989).
31 Theda Perdue, Stand Waties War, (American History 50 no. 1, 2015), pg: 32-41.

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Colonel of the Confederate Army. By August of 1862, Stand Watie was elected as the Principal
Chief of the Confederate Cherokee and appointed his men as Cherokee Officials. He fought for
the confederacy during many battles but he is most noted for when he was promoted to Brigadier
General of the Confederate Army and given command of the First Indian Cavalry Brigade.32 His
victories during 1864 such as, the capture of the federal steamboat J. R. Williams and the seizure
of $1.5 million worth of supplies from a federal supply train at the Second Battle of Cabin Creek,
brought faith and encouragement to the Cherokee Confederates. In July of 1864, Watie using his
position as Chief Principal enacts a conscription law which gave him the power to draft
Cherokee men into the Confederate Army. The Cherokee who wanted to remain neutral during
the war resulted to hiding when Watie enacted the draft. The majority of the Cherokee refused to
accept the new government of the Cherokee Nation and still saw John Ross as Principal Chief.
Despite the various victories and tactics of guerrilla warfare, Stand Watie surrendered to the
Union Army on June 23, 1865 by signing a treaty agreeing to cease the animosities and his
troops were to return to their homes. General Brigadier Stand Watie was the last and final
general to surrender to the Union. Watie believed that the advancement of the Cherokee Nation
was the most important to the Cherokee tribe, which is why he showed loyalty to the
Confederacy until the day he was forced to surrender.33
There were many factors that determined the support of the Cherokee to the Confederacy and
Union. But the most important factor in determining the support for either side was tribal
loyalty. The Cherokee who chose to ally themselves with the Union were the Cherokee who had
the most tribal loyalty and the Cherokee who chose to ally with the Confederacy showed less
32 Kenny A. Franks, Watie, Stand (DE-GA-TA-GA), (Houghton Mifflin Harcourt Publishing Company,
1996), pg. 678-680.

33 Kenny A. Franks, Watie, Stand (DE-GA-TA-GA), (Houghton Mifflin Harcourt Publishing Company,
1996), pg. 678-680.

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tribal loyalty. These Confederate Cherokee proved their lack of loyalty to the Cherokee tribe
since the Indian Removal Act of 1830. They saw the relocation of the tribe as inevitable and
wanted the Cherokee Nation to make the best deal they could to maintain their rights in Indian
Territory. By the forming of the Ridge Party and the Treaty of New Echota, these Cherokee
displayed their lack of loyalty by selling indian territory to the Union forcing the Cherokee to
move West and causing the Trail of Tears. This group of Cherokee chose to ally with the side of
the Confederacy because they did not want to live under the command of the United States
Government. The Cherokee territory was also located inside of the Confederate lines. The
Cherokee leader of the Confederacy was a member of the Ridge Party, General Brigadier Stand
Watie, who had helped lead these Cherokee to the Confederacy.
The Cherokee who chose to ally with the Union Army were the Cherokee who exampled
the most tribal loyalty. These Unionist Cherokee proved their loyalty to the Cherokee tribe by
defending the rights of the Cherokee before the United States Supreme Court in the Cherokee
Nation versus Georgia. They saw joining the support of the Union as the only way for them to
keep the treaties they had between the United States and the Cherokee Nation. Also this group of
Cherokee did not want to be in an alliance with the Confederacy because these were the men
who had forced them from their traditional lands in the East. The member of the Cherokee
Nation who led the support of the Union Army was Principal Chief John Ross. Although Ross
was forced to ally with the Confederacy during the first year of the war he remained loyal to his
tribe by joining the Union the next year in 1862. When Ross converted to the side of the Union
many other Cherokee people followed him. Ross fought against every action that was placed in
front of the Cherokee Nation to maintain the laws and traditions of the Nation. Even when he

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was sent to Washington and was to old to fight in the war, he still had three sons, three
grandsons, and three nephews who fought for the Union Army.
In conclusion the ultimate deciding factor for receiving support from the Cherokee
Nation in the Civil War was the tribal loyalty of the Nation. The Unionist Cherokee had loyalty
for their tribe by trying to maintain the laws and traditions within the Nation. The Confederate
Cherokee demonstrated a lack of loyalty by wanting to change the laws of the Nation.

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Works Cited
Primary Sources:
1)

Indian Removal Act of 1830, (United States: United States Statutes at Large 21st Cong.,
Session. I, Chapter. 148, 1830) pg. 411-412.
2) "The Cherokee Nation vs. The State of Georgia, (Georgia: Supreme Court of the United
States, 1831).
3) "Samuel A. Worcester, plaintiff in error v. The State of Georgia, (Georgia: Supreme Court
of the United States, 1832).

Secondary Sources:
1

4)

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Moulton, Gary E. "Ross, John." Encyclopedia of North American Indians. Houghton Miffin,
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Mancall, Peter C. The Treaty of New Echota. Houghton Mifflin Company. 1996.
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Perdue, Thad. Chapter 5: The Cherokee in the West. Kansas: University of Kansas. 1989.
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Qmc2l0ZT1lZHMtbGl2ZSZzY29wZT1zaXRl#AN=100357544&db=khh.

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