Having disposed of Ross, Jackson turned back to Schermerhorn and instructed him to renew the negotiations with the Treaty Party. With little difficulty the cleric managed to arrange a draft removal treaty signed on March 14, 1835, by Schermerhorn, John Ridge, Elias Boudinot, and a small delegation of Cherokees. After due notice the treaty was submitted to the Cherokee National Council at New Echota, Georgia, for approval and sent to the President for submission to the Senate. The draft stipulated that the Cherokees surrender to the United States all its land east of the Mississippi River for a sum of $5 million, an amount that one modern historian has called ‘unprecedented generosity.’ This cession comprised nearly 8 million acres of land in western North Carolina, northern Georgia, northeastern Alabama, and eastern Tennessee. A schedule of removal provided that the Cherokees would be resettled in the west and receive regular payments for subsistence, claims, and spoliations, and would be issued blankets, kettles, and rifles.

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At approximately the same time this draft treaty was drawn up and considered at New Echota, a large delegation of Cherokee chiefs — in the desperate hope that their assembled presence would make a difference and prevent the treaty from going forward to the Senate — went to Washington and asked to speak to their Great Father. In contrast to his grudging granting of Ross’s request, Jackson was anxious to meet the delegation and give the chiefs one of his celebrated ‘talks.’

The Indians arrived at the White House at the designated hour, and Jackson treated them with marked respect, as though they really were dignitaries of a foreign nation. Yet he did not remotely say or do anything that would indicate an acceptance of their independence or sovereignty. Once the Indians had assembled they faced the President as he began his talk.

‘Brothers, I have long viewed your condition with great interest. For many years I have been acquainted with your people, and under all variety of circumstances, in peace and war. Your fathers are well known to me …. Listen to me, therefore, as your fathers have listened ….’

Jackson paused. He turned from side to side to look at and take in all the Cherokees standing around him. After a few moments he began again.

‘You are now placed in the midst of a white population …. You are now subject to the same laws which govern the citizens of Georgia and Alabama. You are liable to prosecutions for offenses, and to civil actions for a breach of any of your contracts. Most of your people are uneducated, and are liable to be brought into collision at all times with your white neighbors. Your young men are acquiring habits of intoxication. With strong passions . . . they are frequently driven to excesses which must eventually terminate in their ruin. The game has disappeared among you, and you must depend upon agriculture and the mechanic arts for support. And yet, a large portion of your people have acquired little or no property in the soil itself …. How, under these circumstances, can you live in the country you now occupy? Your condition must become worse and worse, and you will ultimately disappear, as so many tribes have done before you.’

These were his usual arguments, but he judged them essential for success.

You have not listened to me, he scolded. You went to the courts for relief. You turned away from your Great Father. And what happened? After years of litigation you received little satisfaction from the Supreme Court and succeeded in earning the enmity of many whites. ‘I have no motive, Brothers, to deceive you,’ he said. ‘I am sincerely desirous to promote your welfare. Listen to me, therefore, while I tell you that you cannot remain where you are now …. It [is] impossible that you can flourish in the midst of a civilized community. You have but one remedy within your reach. And that is to remove to the West and join your countrymen, who are already established there.’ The choice is yours. ‘May the great spirit teach you how to choose.’

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