Jackson then concluded by reminding them of the fate of the Creeks, that once great and proud Nation. How broken and reduced in circumstances their lives had now become because they resisted. It was a not-so-subtle threat that also struck home. 'Think then of these things,' he concluded. 'Shut your ears to bad counsels. Look at your condition as it now is, and then consider what it will be if you follow the advice I give you.'

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That ended the talk, and the Indians filed from the room more disappointed and depressed than ever. Jackson would not budge, and they knew their kinsmen were dead set against removal. It was a stalemate that could end only in tragedy.

Meanwhile Schermerhorn called 'a council of all the people' to meet him at New Echota in Georgia during the third week of December 1835 to approve the draft treaty, making sure that a large contingent of Treaty Party members attended. Like Jackson, he had the temerity to warn other Cherokees that if they stayed away their absence would be considered a vote of consent for the draft.

Despite the threat and the warning, practically the entire Nation stayed away. As a consequence the treaty was approved on December 28 by the unbelievably low number of 79 to 7. The numbers represented only the merest fraction of the Nation. A vast majority — perhaps fifteen-sixteenths of the entire population — presumably opposed it and showed their opposition by staying away. The entire process was fraudulent, but that hardly mattered. Jackson had the treaty he wanted, and he did not hesitate to so inform the Senate. The Treaty of New Echota closely, but not completely, resembled the draft treaty in that the Cherokees surrendered all their eastern land and received $4.5 million in return. They would be paid for improvements, removed at government expense, and maintained for two years. Removal was to take place within two years from the date of the treaty's approval by the Senate and President.

A short while later some 12,000 Cherokees signed a resolution denouncing the Treaty of New Echota and forwarded it to the Senate. Even the North Carolina Cherokees, in a separate action, added 3,250 signatures to a petition urging the Senate to reject it. But Jackson was assured by the Treaty Party that 'a majority of the people' approved the document 'and all are willing peaceable to yield to the treaty and abide by it.' Such information convinced the President that the Principal Chief and his 'half breed' cohorts had coerced the Cherokees into staying away from New Echota under threat of physical violence.

At New Echota the Treaty Party selected a Committee of Thirteen to carry the treaty to Washington and they were empowered to act on any alteration required by the President or the U.S. Senate. This Committee invited Ross to join the group and either support the treaty or insist on such alterations as to make it acceptable. 'But to their appeal [Ross] returned no answer,' which further convinced the President that the treaty represented the genuine interests and the will of the majority of Cherokees.

Although Henry Clay, Daniel Webster, Edward Everett, and other senators spoke fervently against the treaty in the Senate, a two-thirds majority of 31 members voted for it and 15 against. It carried by a single vote on May 18. Jackson added his signature on May 23, 1836, and proclaimed the Treaty of New Echota in force.

And they had two years — that is until May 23, 1838 — to cross over the Mississippi and take up their new residence in the Indian Territory. But every day of that two-year period John Ross fought the inevitable. He demanded to see the President and insisted that Jackson recognize the authority of the duly elected National Council, but Sharp Knife would have none of him and turned him away. Back home the Principal Chief advised his people to ignore the treaty and stay put. 'We will not recognize the forgery palmed off upon the world as a treaty by a knot of unauthorized individuals,' he cried, 'nor stir one step with reference to that false paper.'

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