Question

____What rights do the Cherokee have if the terms of the Treaty are violated?

Answer 1

The Cherokee Nation has historically had the right to enforcement of treaty terms through the U.S. legal system, but enforcement of these rights has been met with challenges, such as the Trail of Tears following the Treaty of New Echota. Today, if treaty rights are violated, tribes can pursue legal avenues to seek justice and federal enforcement of treaties.

Step-by-step explanation:

If the terms of a treaty with the Cherokee are violated, historically, the Cherokee Nation had the right to seek protection and enforcement of the treaty terms through the U.S. legal system. In the landmark case of Worcester v. Georgia, the U.S. Supreme Court ruled that states could not impose their laws on Cherokee lands, confirming the sovereignty of the Cherokee Nation and their right to self-governance. However, the implementation of the Court's decision was problematic, with President Andrew Jackson and the state of Georgia ignoring the ruling, leading to the forcible removal of the Cherokee people along the Trail of Tears.

Following the Treaty of New Echota, a minority within the Cherokee Nation, the Treaty Party, agreed to cede their lands east of the Mississippi River in exchange for land in Indian Territory and other compensations. However, the majority, led by Principal Chief John Ross, contested the treaty, arguing it was fraudulently made by an unauthorized party. Eventually, the U.S. government enforced the removal, resulting in the death of thousands of Cherokee people during the relocation to what is now Oklahoma.

Under current U.S. law, Native American tribes including the Cherokee, retain certain sovereign rights. If modern treaty rights are violated, tribes can pursue legal action and demand federal intervention to uphold the treaties, which are considered the supreme law of the land alongside the Constitution.

Answer 2

Many Americans believed that the Cherokees as allies of the British had forfeited all rights to their land. Henry Knox, President George Washington’s secretary of war, disagreed. Instead, he concluded that they and all the Indian tribes were sovereign nations. He believed they eventually would have to give up their lands to the inevitable tide of white settlement, but only voluntarily through negotiated treaties.

Knox convinced President Washington that Native Americans would also have to be integrated into American society. To do this, they would have to become “civilized,” becoming like white Americans in dress, speech, work, religion, and in all other ways.

In 1791, the new American nation signed a treaty with the Cherokees with the goal of leading them to “a greater degree of civilization.” The main way of achieving this was for Cherokee men to give up hunting and become farmers, which had been the traditional role of women.

To some degree, all the Southeastern tribes accepted the idea of “civilizing” themselves. But the Cherokees embraced it enthusiastically. The Cherokees believed that if they became more like their white neighbors, the Americans would leave them alone on their remaining land.

By the 1820s, most Cherokees were living in family log cabins, cultivating fields on tribal land. Some owned stores and other businesses. A few borrowed from Southern whites the idea of establishing large cotton plantations complete with a mansion and black slaves. The Cherokees also welcomed white Christian missionaries to set up schools to teach English and agricultural skills.

Step-by-step explanation:

I hope this helps you sorry if its a bit incorrect