WI: Five Civilized Tribes Accept US Citizenship/National Dissolution?

~Preamble~

The removal of the Five Civilized Tribes and the resulting "Trail of Tears" is regarded as one of the more shameful episodes in America's already sordid and shameful history of relations with the American Indians. Indeed, even at the time many across the country, most especially in the north, were outraged by the manifestly unjust aim and nature of the process. Perhaps wrongly, part of what caused such outrage were that these were tribes that had done everything right, submitting to and integrating with many of the mores of Euro-American society, with one major reservation: They wanted to maintain their national sovereignty on their traditional land.

This was one of the primary complaints of the states of the Deep South with regards to the Indians, that they would have to share their sovereign territory with another sovereign body. This created outrage and complication that the states wanted to be rid of. Indeed, Georgia had relinquished it's western claims over what would become Mississippi and Alabama with the understanding that eventually the Cherokee would be removed from the territory that remained to Georgia.

Beyond the question of sovereignty, there was of course the baser desire for primitive accumulation. Sovereign aboriginal ownership over the land foreclosed the land to normal development beyond what would be allowed by the nations and their treatment with the federal government. This became especially problematic as gold was discovered in Cherokee territory in North Carolina and Georgia. Similarly the territory of the Creek, Choctaw, and Chickasaw included fertile soil desired by slaveholding planters for cash crop production. Even before the Removal, native land was being encroached upon by Euro-American squatters, and the state governments were not overly inclined to enforce the law against these and trespass them.

What some may not realize is that the nations were actually offered a choice in the process leading up to Removal: First (and the choice the majority opted for by hook or by crook), to remove themselves or be removed to the east of the Mississippi, where they would be free to exercise national sovereignty and live their way of life as they saw fit in a new country, in perpetuity (or until whites decided that Oklahoma was nice, whichever came first). The second, to cede national sovereignty, and have their tribal territory allotted up between all tribemembers, at which point all Indians would become citizens of the country and the state in which they resided. Surplus tribal land would then be sold off by the government on the open market, proceeds going to the

It's not shocking that most chose to decamp to the west of the Mississippi. Euro-American negotiators presented a stark image of what would happen if they remained east of the Mississippi, namely that they would be almagamated into the Euro-American society over time, their culture and identity lost. That made the prospect of removal to a new and suitable country seem like an attractive prospect in comparison, doubly so given various monetary and in-kind incentives provided by the Americans to encourage Removal (along with some coercion).

But some Indians (aside from the Seminole, many of whom remained and secured a Reservation rather than individual holdings), as individuals, did opt for the option of remaining on an allotment of their land, as individuals were empowered to do so under treaty terms. The biggest problem faced by these was that they were ripe for exploitation by Euro-American settlers who would trick them into sales of their land. They were also faced with official and unofficial violence. Most of those thus abused would end up eventually removing to Indian Territory anyway. But some small number did remain: Many of these would indeed end up amalgamating into the Euro-American population. Others would end up preserving their culture continuously, the most dramatic example being the Jena Band of Choctaw, a group of 10 Choctaw families who moved to Louisiana, the majority of their number remaining monolingual Choctaw speakers up until the 1930s.

~Preamble Over~

But what would have happened if the Five Civilized Tribes had, en masse and as a community, decided to opt for the second option, to dissolve their national bodies and undergo land reform, becoming citizens of their respective states? Perhaps this begins with the Choctaw. The Choctaw were the first nation to be treated with for Removal. Perhaps if they as a community had come to the conclusion that remaining and undergoing land reform was their best option, it would create a model which other tribes might be inclined to follow.

As a result, Mississippi and Alabama would find themselves with a very significant non-white, free minority. In the Florida Territory, smallholding Seminole would probably make up an outright majority of the population. And the numbers of free Cherokee in Georgia, North Carolina, and Tennessee would be nothing to sniff at either. And now, all of these would be sales-tax paying citizens of these states, able to vote and subject to normal market interaction unmediated by tribal and federal institutions.

The most likely negative impact I can foresee would be pauperization. Most of these Indians being monolingual and, in spite of the great leaps made in development by their nations, unaccustomed to the course of normal market interaction, would still end up being tricked out of their land by planters, speculators, and surveyors for pittances. There would also be the continued threat of squatters. A combination of corruption and racial antipathy at the state level could prevent the governments from intervening on the behalf of natives, citizens or no. At this point, with a population of landless and angry natives within their borders, it seems likely that the state governments would seek to have them removed anyway.

What do we think? Without any tribal government or federal protection, would it be possible for natives to coordinate to prevent massive pauperization? Would the scale of abuse end up forcing the extirpation or removal of natives, even if they end up fully assenting to American demands and becoming good liberal subjects? And, given their reasonably large population base, would it be possible for remaining Indians to increase in prosperity, enjoy the fruits of development, and maintain some kind of distinct national identity?
 
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Given just how nasty settlers could be to the small number of Native Americans who remained, I suspect that an even larger area of land occupied by a much larger group would lead to even more racist violence. Perhaps the Confederacy just does a genocide during the Civil War, after various degrees of official and unofficial persecution while it's part of the Union.
 
It's certainly an interesting question. This was highly unlikely, but less likely things have occurred in history as well. Another option though, which was brought up at times, was integration into the US by forming states and joining the union. How feasible would that have been?
 
The reason they were called the 5 civilized tribes was because they had adopted white man ways, this included owning black slaves. The idea that they were like the other indians and did not adapt was wrong. That was one of the reasons that they supported the confederacy later on during the civil war even after the states that made up the confederacy had "kicked them out".
 
The reason they were called the 5 civilized tribes was because they had adopted white man ways, this included owning black slaves. The idea that they were like the other indians and did not adapt was wrong. That was one of the reasons that they supported the confederacy later on during the civil war even after the states that made up the confederacy had "kicked them out".
Did you even read the OP?
Perhaps wrongly, part of what caused such outrage were that these were tribes that had done everything right, submitting to and integrating with many of the mores of Euro-American society, with one major reservation: They wanted to maintain their national sovereignty on their traditional land.
Anyway, a major reason why most Indians in designated Indian Territory supported the Confederacy was the promise that they would be allowed to join the South as a state if they won the war (Loewen, James W., Lies My Teacher Told Me. 2nd ed., New York, Simon & Schuster, 2007. pg. 127).
 
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Given just how nasty settlers could be to the small number of Native Americans who remained, I suspect that an even larger area of land occupied by a much larger group would lead to even more racist violence.
But perhaps it cuts in just hte opposite direction: The few smallholders (or squatters in some cases, who did not formally gain title to an allotment but remained behind anyway) who remained were small in number and very easy targets for violence, but with much larger populations surely they wouldn't be such easy pickings. But then again, they've agreed to dissolve their organizational structures (at least as sovereign government-protected bodies), and they'd largely be at the mercy of state governments, so maybe it's a wash? But it's interesting to consider what such pogroms would look like at fairly large scale, directed at tens of thousands rather than small groups of dozens or low hundreds.

Perhaps the Confederacy just does a genocide during the Civil War, after various degrees of official and unofficial persecution while it's part of the Union.
Yes, this is something I considered while writing and my gut makes it seem like a fairly probable outcome, but I didn't give voice to it because so much depends on how things play out in the intervening generation between the Removal treaties and the War. Again, the dynamics of such a thing would be interesting, and it would be something of a contrast with the Confederacy's OTL OK-ish relations with Indians.

It's certainly an interesting question. This was highly unlikely, but less likely things have occurred in history as well.
Yeah, it's improbable but seems not impossible. It just requires a difference in national consciousness, and people making the decision that remaining on their ancestral land was a better deal than being guaranteed their sovereignty and way of life.

Another option though, which was brought up at times, was integration into the US by forming states and joining the union. How feasible would that have been?

For the Five Civilized Tribes? Well for 4 of them (the Cherokee, the Chickasaw, the Choctaw, and the Creek) it's basically impossible, their treaty land was on the territory of states that had already been declared. Their best hope for statehood would have been Removal to new country to the west of the Mississippi and then petition from there.

The only way that they could have carved out their own states in the land they already had would have been if the state governments would have assented to it (never going to happen), or if there's a civil war and a sympathetic victorious Union grants them their own states on their land during Reconstruction. Potentially this latter option could happen if the Tribes become citizens, grow their population, and then fight against the Confederacy during the Civil War, in a manner similar to West Virginia (though unlike West Virginia it would have to come after the conclusion of the war).

The Seminole, it's more possible, given they would have made up a pretty decent chunk of the Florida Territory, and might have even been an outright majority at the time of statehood if they had not been Removed. But the problem here is that the Seminole were probably the least developed of the five, due to the marginal and isolated nature of their southern Florida abode, and the long history of conflict with Euro-Americans.

The reason they were called the 5 civilized tribes was because they had adopted white man ways, this included owning black slaves. The idea that they were like the other indians and did not adapt was wrong. That was one of the reasons that they supported the confederacy later on during the civil war even after the states that made up the confederacy had "kicked them out".
Did you even read the OP?
In @jlckansas defense, he's probably honing on the fact that I draw attention to the Tribes' lack of accustomation with normal market interaction in the latter part of my post. In this light the objection is understandable, though I think misguided.

As I noted in my OP, the Five Civilized Tribes were remarkable in the pace of their development and accustomation to European mores. But this was not evenly spread, either between the Tribes or within them. The Cherokee, being most proximate to the most developed states and with fairly advanced institutions already, by far adapted the best, but even among these they had not created a society along American lines. Plantation agriculture and modern capitalism was isolated to a fairly small class of tribal leaders. Most still lived by a mix of horticulture and hunting in small communities, many were monolingual, few were literate.

This was on pace to change, but for the time being many were still vulnerable to the depredations of unscrupulous speculators, traders, and squatters. The inability or unwillingness of the state and federal government to protect the nation from such was one of the major factors that caused the Cherokee (after having a treaty fraudulently foisted upon them) to ultimately decide to remove to the west. And that was the Cherokee, the most developed of the five.
 
First off, I just want to say that you did an excellent job laying out the details here. The Trail of Tears, despite being well known, is often remembered as singular event and not as a part of the larger colonization of the Deep South and all the complications that came with that.

Your overall question is right, but I believe one of the details might be wrong in a way that's important to the premise. From what I've read, Native Americans that accepted allotment were not always guaranteed citizenship. For instance, I believe Mississippi did offer that to the Choctaw but Georgia declined to do so for the Cherokee. So that creates a complex situation for the different tribes and their members. Looking at the Cherokee, at that time they were categorized as "Indians not taxed" due to their tribal membership, which meant that they weren't considered residents of Georgia for taxation and enumeration purposes and weren't subject to state laws. By forfeiting tribal membership and accepting allotment, they would instead become residents, or specifically "Indians taxed". The real downside to this is that "Indians not taxed" were essentially wards of the federal government and enjoyed the protections that afforded, but once they accepted state residency they were subject to Georgia's laws without the legal protections of US and state citizenship. For obvious reasons, that was a risky proposition as there was no guarantee that the state would treat them fairly. This is a bit similar to the status of free African Americans, who weren't always granted citizenship depending on state laws and instead existed in a legal limbo without any constitutionally guaranteed rights. Interestingly enough, the Dred Scott case did establish that Native Americans could become naturalized citizens but also affirmed that they were not inherently citizens, a notable step above status that African Americans were afforded by that decision.
 
First off, I just want to say that you did an excellent job laying out the details here. The Trail of Tears, despite being well known, is often remembered as singular event and not as a part of the larger colonization of the Deep South and all the complications that came with that.
Thanks! The whol situation is indeed a lot more nuanced and interesting then is generally seen, being usually rolled up into an amorphous crime-against-humanity blob.


Your overall question is right, but I believe one of the details might be wrong in a way that's important to the premise. From what I've read, Native Americans that accepted allotment were not always guaranteed citizenship. For instance, I believe Mississippi did offer that to the Choctaw but Georgia declined to do so for the Cherokee. So that creates a complex situation for the different tribes and their members. Looking at the Cherokee, at that time they were categorized as "Indians not taxed" due to their tribal membership, which meant that they weren't considered residents of Georgia for taxation and enumeration purposes and weren't subject to state laws. By forfeiting tribal membership and accepting allotment, they would instead become residents, or specifically "Indians taxed". The real downside to this is that "Indians not taxed" were essentially wards of the federal government and enjoyed the protections that afforded, but once they accepted state residency they were subject to Georgia's laws without the legal protections of US and state citizenship. For obvious reasons, that was a risky proposition as there was no guarantee that the state would treat them fairly. This is a bit similar to the status of free African Americans, who weren't always granted citizenship depending on state laws and instead existed in a legal limbo without any constitutionally guaranteed rights. Interestingly enough, the Dred Scott case did establish that Native Americans could become naturalized citizens but also affirmed that they were not inherently citizens, a notable step above status that African Americans were afforded by that decision.
It looks like you're right, and my understanding of the guarantees of voluntary citizenship were vastly overstated.

First, quoting from the Treaty of Dancing Rabbit Creek for the Choctaw, the first treaty of Indian Removal and a "trial run" to serve as the template for further removal. Article XIV, emphasis added. Here we see a flat out guarantee of not only title to the land, but also citizenship. Though it is notable that it does not guarantee citizenship in the state in which they reside, but national status and entitlement to their land. These might have been considered identical, I'm not sure.

Choctaws wishing to become Citizens of the United States. ARTICLE XIV. Each Choctaw head of a family, being desirous to remain, and become a citizen of the States, shall be permitted to do so, by signifying his intention to the agent within six months from the ratification of this treaty, and he or she shall thereupon been titled to a reservation of one section of six hundred and forty acres of land, to be bounded by sectional lines of survey; in like manner, shall be entitled to one half that quantity, for each unmarried child which is living with him, over ten years of age, and a quarter section to such child as may be under ten years of age to adjoin the location of the parent. If they reside upon said lands intending to become citizens of the States, for five years after the ratification of this treaty, in that case, a grant of land in fee simple shall be issued; said reservation shall include the present improvement of the head of the family, or a portion of it. Persons who claim under this article shall not lose the privileges of a Choctaw citizen, but if they ever remove are not to be entitled to any portion of the Choctaw annuity.

Next is the Treaty of Cusseta, the treaty signed by the Creek. While the Treaty does guarantee the right of any individual Creek to choose to remain and have territory allotted them, there is no guarantee of citizenship. Indeed, unlike Dancing Rabbit Creek, there's not even any guarantee that such Muscogee would remain citizens of the Muscogee Nation. It seems like the most straightforward interpretation is that Creek citizenship would, indeed, be at the mercy of the state in which they resided (namely Alabama), meaning they would more than likely end up in a similar state to free persons of color. Quoting articles IV and XII:

At the end of five years, all the Creeks entitled to these selections, and desirous of remaining, shall receive patents therefor in fee simple, from the United States.
The United States are desirous that the Creeks should remove to the country west of the Mississippi, and join their countrymen there; and for this purpose it is agreed, that as fast as the Creeks are prepared to emigrate, they shall be removed at the expense of the United States, and shall receive subsistence while upon the journey, and for one year after their arrival at their new homes—Provided however, that this article shall not be construed so as to compel any Creek Indian to emigrate, but they shall be free to go or stay, as they please.

I'd need to read more about the drafting of this treaty to see why the citizenship stipulation at Dancing Rabbit Creek was not included in Cusseta.

Treaty of Pontotoc Creek, the treaty with the Chickasaw, we again find no provision of citizenship. What's more, we don't even seem to find an allotment in fee simple. Rather the land still seems to be held in trust by the Federal government, the Chickasaw's right to remain implied to be contingent on earnestly searching for new country to the west of the Mississippi.

people shall not deprive themselves of a comfortable home, in the country where they now are, until they shall have provided a country in the west to remove to, and settle on, with fair prospects of future comfort and happiness--It is therefore agreed to, by the Chickasaw nation, that they will endeavor as soon as it may be in their power, after the ratification of this treaty, to hunt out and procure a home for their people, west of the Mississippi river, suited to their wants and condition; and they will continue to do so during the progress of the survey of their present country, as is provided for in the second article of this treaty. But should they fail to procure such a country to remove to and settle on, previous to the first public sale of their country here then and in that event, they are to select out of the surveys, a comfortable settlement for every family in the Chickasaw nation, to include their present improvements, if the land is good for cultivation, and if not they may take it in any other place in the nation, which is unoccupied by any other person. Such settlement must be taken by sections. And there shall be allotted to each family as follows (to wit): To a single man who is twenty-one years of age, one section--to each family of five and under that number two sections--to each family of six and not exceeding ten, three sections, and to each family over ten in number, four sections--and to families who own slaves, there shall be allowed, one section to those who own ten or upwards and such as own under ten, there shall be allowed half a section. If any person shall now occupy two places and wish to retain both, they may do so, by taking a part at one place, and a part at the other, and where two or more persons are now living on the same section, the oldest occupant will be entitled to remain, and the others must move off to some other place if so required by the oldest occupant. All of which tracts of land, so selected and retained, shall be held, and occupied by the Chickasaw people, uninterrupted until they shall find and obtain a country suited to their wants and condition. And the United States will guaranty to the Chickasaw nation, the quiet possession and uninterrupted use of the said reserved tracts of land, so long as they may live on and occupy the same. And when they shall determine to remove from said tracts of land, the Chickasaw nation will notify the President of the United States of their determination to remove, and thereupon as soon as the Chickasaw people shall remove, the President will proclaim the said reserved tracts of land for sale at public auction and at private sale, on the same terms and conditions, as is provided for in the second article of this treaty, to sell the same, and the net proceeds thereof, to be paid to the Chickasaw nation, as is provided for in the third article of this treaty.

Next, New Echota, the Cherokee Treaty. We find that the guarantee of citizenship returns, and what's more it's the strongest provision yet, guaranteeing Cherokee citizenship in the states in which they reside - however, notably and as you mention, Georgia is excluded from this. Article 12:

ARTICLE 12. Those individuals and families of the Cherokee nation that are averse to a removal to the Cherokee country west of the Mississippi and are desirous to become citizens of the States where they reside and such as are qualified to take care of themselves and their property shall be entitled to receive their due portion of all the personal benefits accruing under this treaty for their claims, improvements and per capita; as soon as an appropriation is made for this treaty.
Such heads of Cherokee families as are desirous to reside within the States of No. Carolina Tennessee and Alabama subject to the laws of the same; and who are qualified or calculated to become useful citizens shall be entitled, on the certificate of the commissioners to a preemption right to one hundred and sixty acres of land or one quarter section at the minimum Congress price; so as to include the present buildings or improvements of those who now reside there and such as do not live there at present shall be permitted to locate within two years any lands not already occupied by persons entitled to pre-emption privilege under this treaty and if two or more families live on the same quarter section and they desire to continue their residence in these States and are qualified as above specified they shall, on receiving their pre-emption certificate be entitled to the right of pre-emption to such lands as they may select not already taken by any person entitled to them under this treaty.

FInally, the treaty of Payne's Landing, the treaty with the Seminole, the group which, due to the low population of the Florida Territory, would have the best chance of dominating that government. Welp, there's no quote here, because there was no guarantee of allotment whatsoever. The treaty seems to provide for nothing other than Removal and the both parties' obligations in making that happen.

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So, I would need to do some more reading to determine why the different tribes got different guarantees of citizenship (as for the Cherokee and Choctaw), residency (the Creek and the Chickasaw ), and outright removal (possibly the Chickasaw, certainly the Seminole). Certainly it depended both on the willingness of the US to extend that provision, and how hard each tribes' representatives fought for it.
 

GuildedAgeNostalgia

Gone Fishin'
The Eastern Band of Cherokee survived by voluntarily becoming US citizenship, adopting private property rights and then slowly buying up all the land around them.
 
So, I would need to do some more reading to determine why the different tribes got different guarantees of citizenship (as for the Cherokee and Choctaw), residency (the Creek and the Chickasaw ), and outright removal (possibly the Chickasaw, certainly the Seminole). Certainly it depended both on the willingness of the US to extend that provision, and how hard each tribes' representatives fought for it.
I can speak a bit to situation in Georgia. The 1802 agreement stated that the federal government would "extinguish the Indian title to all the other lands within the State of Georgia" and "cede to the State of Georgia whatever claim, right, or title, they may have to the jurisdiction or soil of any lands lying within the United States, and out of the proper boundaries of any other State". So in short, the lands possessed by the Native American tribes had already been legally transferred to Georgia. There was no need for the state to bargain for them. Consequently the state's efforts were focused on securing federal assistance with removing tribes that, at least from a legal perspective, had no claim to the lands they were occupying. Georgia lobbied intensely throughout the 1810s and 1820s for the federal government to take action, as numerous legal disputes in the state became unresolvable due to the Native Americans being outside Georgia's jurisdiction despite residing in the state. In 1827, the Cherokee began formulating a constitution that claimed sovereignty over the lands they inhabited and also defined citizenship within that territory. That was a fairly clear violation of the constitution, specifically Article IV, Section 3: "..., no new State shall be formed or erected within the Jurisdiction of any other State". Georgia protested to the Adams administration, which never took a stance on the matter, leading the Georgians to believe that the federal government was relinquishing its authority over the Native Americans within their state. At that point, Georgians began discussing various proposals, such as militarily evicting the Cherokee or forcibly dissolving the tribal government and conferring resident status on them. However, before any of that could take place, Jackson was elected. His administration had good relations with the Georgia and viewed the matter as a priority. In Jackson's view, if the Native Americans weren't relocated to the western territories, they would eventually come into legal and potentially military conflict with one or more of the states, which he rightly surmised would not favor the Native Americans.
 
I can speak a bit to situation in Georgia. The 1802 agreement stated that the federal government would "extinguish the Indian title to all the other lands within the State of Georgia" and "cede to the State of Georgia whatever claim, right, or title, they may have to the jurisdiction or soil of any lands lying within the United States, and out of the proper boundaries of any other State". So in short, the lands possessed by the Native American tribes had already been legally transferred to Georgia. There was no need for the state to bargain for them. Consequently the state's efforts were focused on securing federal assistance with removing tribes that, at least from a legal perspective, had no claim to the lands they were occupying. Georgia lobbied intensely throughout the 1810s and 1820s for the federal government to take action, as numerous legal disputes in the state became unresolvable due to the Native Americans being outside Georgia's jurisdiction despite residing in the state. In 1827, the Cherokee began formulating a constitution that claimed sovereignty over the lands they inhabited and also defined citizenship within that territory.
Very interesting. I was aware of Georgia's agreement with the federal government (and had mentioned it in my OP), but had still assumed that the Cherokee residing in Georgia would have been offered citizenship if they were remaining. Didn't really think through the apparent contradiction between that and the fact that the US government continued to treat with the Georgia Cherokee.

This does make my wonder why the Marshall Court ruled against Georgia in these matters. Will have to read over that more closely. I would hazard a guess and say, even if the Federal Government was obligated by the agreement to eventually dissolve Cherokee sovereignty within Georgian territory one way or the other, the exact manner of that is still up to the Federal Government, since the Cherokee are still an Indian nation and therefore the Federal Government has to handle it? So Georgia (at least legally) can't go about the process of removal unilaterally, they have to go through the Federal Government. Just a guess.

Also, a total aside, but I would have to think even with the 1802 agreement in mind, Congress's power over Indian affairs is plenary. If they wanted to go back on the agreement with Georgia and refuse removal, they surely could have. Doesn't really matter to the conversation, because no one would want to do that, but I must think it would have been within the Federal government's power.

That was a fairly clear violation of the constitution, specifically Article IV, Section 3: "..., no new State shall be formed or erected within the Jurisdiction of any other State".
I'm not sure if it's as clear cut as you make it out to be. There's an obvious conflict in having two sovereign bodies occupying the same territory, but I'm not sure if it's a constitutional violation, simply because the other sovereign in question is not a state, it's an Indian nation. The Constitution doesn't rule this out, and indeed how could it have? There were a fair few Indian nations that maintained sovereignty east of the Mississippi within the territory of other states, and they'd been there since before the Constitution. Looking at you, Iroquois Confederacy.

Nevertheless, this does still all raise the question: What justification was offered for not offering Cherokee individuals citizenship in the state of Georgia, while the other states inhabited by the Cherokee were willing to assent? Goldfields alone doesn't explain it, as the Cherokee lands also existed over goldfields in North Carolina and Tennessee, but those states were willing to grant citizenship. Did the 1802 agreement simply set the stage for greater conflict with the Cherokee, and thereby increase antipathy?
 
Frankly, I don't know if things would have gone all that much better for them in the end. Maybe there'd be no Trail of Tears -- but there'd still be a massive influx of white settlers into their territory. And if state politicians were going to choose, they'd certainly side with the white settlers over the Indians who lived there -- and that would mean refusing to prosecute militias who displaced Indian families, or even organising official state-sanctioned white militias themselves.

Without a Trail of Tears, it'd probably mean there was no forced displacement of the Tribes by the national US Army, but that doesn't mean the Tribes would be safe from genocide; in fact, they might be worse off in the short-term, since there'd be no federally-created Indian territory in Oklahoma. Whether they were legally US citizens or not, the Five Civilised Tribes would face racism and violent displacement, and would not find justice through the legal system. At worst, the inevitable violence would be used as evidence that the Indians cannot be "civilised," and must be exterminated. It's horrific, but I don't see a good outcome for the Five Civilised Tribes -- in OTL, they faced genocide by the federal government; in this timeline, I think it's most likely that they'd face genocide by state and local governments.
 
a useful parallel case here might be the Texas Cherokees, who were forced out of the Republic by 1840, partly for disrupting the Black/White binary that the plantocrats had to maintain: so a far-higher amount of remaining Natives would be a big lump in the craw of Southern politics for two decades TTL
 
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Very interesting. I was aware of Georgia's agreement with the federal government (and had mentioned it in my OP), but had still assumed that the Cherokee residing in Georgia would have been offered citizenship if they were remaining. Didn't really think through the apparent contradiction between that and the fact that the US government continued to treat with the Georgia Cherokee.

This does make my wonder why the Marshall Court ruled against Georgia in these matters. Will have to read over that more closely. I would hazard a guess and say, even if the Federal Government was obligated by the agreement to eventually dissolve Cherokee sovereignty within Georgian territory one way or the other, the exact manner of that is still up to the Federal Government, since the Cherokee are still an Indian nation and therefore the Federal Government has to handle it? So Georgia (at least legally) can't go about the process of removal unilaterally, they have to go through the Federal Government. Just a guess.
Your guess is exactly right. The federal government granted the land to Georgia, but didn't immediately dispossess the Cherokee living there. Since legally only the federal government, rather than states, was allowed to negotiate treaties with the Native American tribes, Georgia wasn't entitled to take unilateral action, even if on paper they owned the land now. I've read about some of the lobbying that Georgia did in the 1810s and 1820s regarding this. It was probably the state's number one concern and it was repeatedly expressed to both Congress and the various Presidents, albeit without any action until Jackson entered office.

I'm not sure if it's as clear cut as you make it out to be. There's an obvious conflict in having two sovereign bodies occupying the same territory, but I'm not sure if it's a constitutional violation, simply because the other sovereign in question is not a state, it's an Indian nation. The Constitution doesn't rule this out, and indeed how could it have? There were a fair few Indian nations that maintained sovereignty east of the Mississippi within the territory of other states, and they'd been there since before the Constitution. Looking at you, Iroquois Confederacy.
I'm restating the Georgia opinion more so than speculating. The proposed constitution agitated the Georgians more so than any other preceding event in the dispute and increased the calls for unilateral action against the Cherokee. The problematic issues were likely the following: The Cherokee claimed exclusive sovereignty over the land they inhabited, which legally was owned by and within the borders of Georgia. Their constitution forbade the transfer or sale of that land to anyone outside of the Cherokee nation. And lastly, they also vaguely allude to only treating with the federal government. So for Georgia, this looked like the Cherokee were unilaterally attempting to reseize their lands and alter the existing state borders. That it was unlikely to achieve recognition by the other states didn't necessarily preclude its existence and therefore that brought Article IV, Section 3 into question.

Nevertheless, this does still all raise the question: What justification was offered for not offering Cherokee individuals citizenship in the state of Georgia, while the other states inhabited by the Cherokee were willing to assent? Goldfields alone doesn't explain it, as the Cherokee lands also existed over goldfields in North Carolina and Tennessee, but those states were willing to grant citizenship. Did the 1802 agreement simply set the stage for greater conflict with the Cherokee, and thereby increase antipathy?
I believe your last thought is correct. The 1802 treaty essentially handed all the cards to Georgia legally speaking. The only thing that benefited the Cherokee was that they were still were in de facto control of the land they inhabited. The Georgians probably recognized that if they modified their stance, they risked reopening negotiations with the federal government over the matter, which at least throughout the 1810s and most of the 1820s wasn't particularly responsive to their concerns. So that gave them very little incentive to offer concessions to the Cherokee.
 
It was probably the state's number one concern and it was repeatedly expressed to both Congress and the various Presidents, albeit without any action until Jackson entered office.
Well I have to wonder, because a lot of this (at least in specifics) does seem to hinge on Jackson personally: What do you think the Removal situation looks like if Clay ends up in office? Choctaw have already signed Dancing Rabbit Creek, but none of the other treaties have yet been ratified. And even with Dancing Rabbit Creek, most of the Choctaw have not moved, so President Clay could negotiate a new treaty or the Choctaw could just opt for fee simple allotment with less chance of underhanded manipulation by surveyors or Indian agents to trick them into ceding their title.

But perhaps this is too rosy a view of things. Much of Clay's anti-Removal sentiment seems to have been driven by a baser anti-Jackson sentiment. And he was, at the end of the day, the great compromiser. It seems unlikely that he would be willing to risk a sectional conflict on behalf of the Indians. This would seem to be most true in the case of Georgia, given how deadset they were on removal and the extinguishment of all Cherokee title.

Perhaps Clay ends up stumbling into a potential sectional conflict, pursuing new negotiations with the Cherokee for some kind of milder compromise. This could raise Georgian hackles. Perhaps the end result is a greater Nullification Crisis: Georgia joins South Carolina, angry not only over the Tariff of '28 but also Clay's slow roll of Indian Removal. Georgia asserts its right to do so unilaterally, and sends in the State Guard to do so. And if Georgia does so, perhaps it's joined by Alabama and Mississippi, frustrated over Clay's sudden shift in Federal policy. At this point you have a Nullification Crisis that encompasses the entirety of the Deep South, and one where the states are actually exercising military force rather than just disregarding a tariff.
 
Well I have to wonder, because a lot of this (at least in specifics) does seem to hinge on Jackson personally: What do you think the Removal situation looks like if Clay ends up in office? Choctaw have already signed Dancing Rabbit Creek, but none of the other treaties have yet been ratified. And even with Dancing Rabbit Creek, most of the Choctaw have not moved, so President Clay could negotiate a new treaty or the Choctaw could just opt for fee simple allotment with less chance of underhanded manipulation by surveyors or Indian agents to trick them into ceding their title.

But perhaps this is too rosy a view of things. Much of Clay's anti-Removal sentiment seems to have been driven by a baser anti-Jackson sentiment. And he was, at the end of the day, the great compromiser. It seems unlikely that he would be willing to risk a sectional conflict on behalf of the Indians. This would seem to be most true in the case of Georgia, given how deadset they were on removal and the extinguishment of all Cherokee title.

Perhaps Clay ends up stumbling into a potential sectional conflict, pursuing new negotiations with the Cherokee for some kind of milder compromise. This could raise Georgian hackles. Perhaps the end result is a greater Nullification Crisis: Georgia joins South Carolina, angry not only over the Tariff of '28 but also Clay's slow roll of Indian Removal. Georgia asserts its right to do so unilaterally, and sends in the State Guard to do so. And if Georgia does so, perhaps it's joined by Alabama and Mississippi, frustrated over Clay's sudden shift in Federal policy. At this point you have a Nullification Crisis that encompasses the entirety of the Deep South, and one where the states are actually exercising military force rather than just disregarding a tariff.
A very interesting chain of events you've laid out and not entirely implausible. Prior to Jackson, Georgia's politicians weren't particularly party oriented. When Nullification rolled around, the state split, with a sizable minority supporting the South Carolina position and trying to organize a referendum on the matter. The Jacksonians were able to head that off, but perhaps without Jackson in office the Democrats lack the coordination to do so or perhaps even join them. As for Clay himself, he had a complex relationship with states' rights politicians and their more extreme cousins within the Nullifier party. They didn't trust Clay one bit, but they saw him as a useful ally in opposing the relatively strong presidency of Jackson. He often tempered his views in order to appease the various Whig factions, so he could very well go one way or the other. Here I suspect the hardliners might turn on Clay if he doesn't acquiesce to their demands regarding the tariff and Indian Removal. Unfortunately Clay has to pick, his states' rights allies in the South or his former National Republican/Federalist allies in the North. If he chooses the South, I think his coalition will crumble after losing northern support and we're likely to see some sort of National Republican and Anti-Masonic hybrid party emerge in the Northeast. If he chooses the North, then his southern allies probably move into Van Buren's Democratic camp, which was ideologically only a stone's throw away. Either way, Clay ends up in a bad spot and may not have the congressional support to take much action on Indian Removal or much else. This actually part of the reason the Whigs feared running him in 1836, they didn't trust him to have a broad enough appeal to hold the opposition party together at a national level.
 
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