Worchester v. Georgia The case Worcester v. Georgia (1832) was a basis for the discussion of the issue of states' rights versus the federal government as played out in the administration of President Andrew Jackson and its battle with the Supreme Court. In addition to the constitutional issues involved, the momentum of the westward movement and popular support for Indian resettlement pitted white man against Indian. All of these factors came together in the Worcester case, which alarmed the independence of the Cherokee Nation, but which was not enforced. This examines the legal issues and tragic consequences of Indian resettlement. As the frontier moved west, white settlers wanted to expand into territory, which was the ancestral land of many Indian tribes. Although this had been going on since the administration of George Washington, during the administration of Andrew Jackson the government supported the policy of resettlement, and persuaded many tribes to give up their claim to their land and move into areas set aside by Congress as Indian Territory. In 1830, Congress passed the Indian Resettlement Act, which provided for the removal of Indians to territory west of the Mississippi River. While Jackson was President, the government negotiated 94 treaties to end Indian titles to land in the existing states. Many tribes resisted this policy. Wars were fought as a result. The Sac and Fox Indians in Wisconsin and Illinois reoccupied their lands after having been forced to move west of the Mississippi. They were defeated. The Seminole Indians refused to sign a treaty to give up their lands. They, too, fought and lost a bitter war to remain on their land. The Cherokees of Georgia were another tribe that resisted. They d... ... middle of paper ... ...ears .New York: G.P. Putnam's Sons, 1972 pp. 174-176 Cherokee Nation v. State Of GA(1831) .http://www.councilfire.com/historical/chvgeo.htm. Accessed on December 17, 2001 Worchester v. Georgia, 31 U.S. 515(1832). http://wwww.law.cornell.edu/cgi- bin/folicgi.exe/hostorica/query=[group+31+u!2…/hits_only.htm. Accessed on Dec 20, 2001. Cherokee Nation and its Plight. http://www.mtholyoke.edu/acad/intrel/cherokee/htm. Accessed on December 20, 2001 Worchester vs. Georgia. http://sites.netscape.net/indianlawusa/worcester. Accessed on December 23, 2001. Works Cited Foreman, Grant. The Five Civilized Tribes Oklahoma: University of Oklahoma Press, 1934. Quote from the Niles Weekly Register, cited in Foreman, p. 339 Wallace, Antony The Long, Bitter Trail. New York: Hill & Wang, 1993 p. 102 Constituton. www.encarta.com. Search query: Constit
Throughout Jackson's two terms as President, Jackson used his power unjustly. As a man from the Frontier State of Tennessee and a leader in the Indian wars, Jackson loathed the Native Americans. Keeping with consistency, Jackson found a way to use his power incorrectly to eliminate the Native Americans. In May 1830, President Andrew Jackson signed into law the Indian Removal Act. This act required all tribes east of the Mississippi River to leave their lands and travel to reservations in the Oklahoma Territory on the Great Plains. This was done because of the pressure of white settlers who wanted to take over the lands on which the Indians had lived. The white settlers were already emigrating to the Union, or America. The East Coast was burdened with new settlers and becoming vastly populated. President Andrew Jackson and the government had to find a way to move people to the West to make room. In 1830, a new state law said that the Cherokees would be under the jurisdiction of state rather than federal law. This meant that the Indians now had little, if any, protection against the white settlers that desired their land. However, when the Cherokees brought their case to the Supreme Court, they were told that they could not sue on the basis that they were not a foreign nation. In 1832, though, on appeal, the U.S. Supreme Court ruled that the Cherokees were a "domestic dependent nation," and therefore, eligible to receive federal protection against the state. However, Jackson essentially overruled the decision. By this, Jackson implied that he had more power than anyone else did and he could enforce the bill himself. This is yet another way in which Jackson abused his presidential power in order to produce a favorable result that complied with his own beliefs. The Indian Removal Act forced all Indians tribes be moved west of the Mississippi River. The Choctaw was the first tribe to leave from the southeast.
Under the Jackson Administration, the changes made shaped national Indian policy. Morally, Andrew Jackson dismissed prior ideas that natives would gradually assimilate into white culture, and believed that removing Indians from their homes was the best answer for both the natives and Americans. Politically, before Jackson treaties were in place that protected natives until he changed those policies, and broke those treaties, violating the United States Constitution. Under Jackson’s changes, the United States effectively gained an enormous amount of land. The removal of the Indians west of the Mississippi River in the 1830’s changed the national policy in place when Jackson became President as evidenced by the moral, political, constitutional, and practical concerns of the National Indian Policy.
The Indian Removal Act was passed by Congress in order to allow the growth of the United States to continue without the interference of the Native Americans. Jackson believed that the Native Americans were inferior to white settlers and wanted to force them west of the Mississippi. He believed that the United States would not expand past that boundary, so the Native Americans could govern themselves. Jackson evicted thousands of Native Americans from their homes in Georgia and the Carolinas and even disregarded the Supreme Court’s authority and initiated his plan of forcing the Natives’ on the trail of tears. The Supreme Court ruled in favor of the Indians, however Jackson ignored the ruling and continued with his plan. The result of the Indian Removal Act was that many tribes were tricked or forced off their lands, if they refused to go willingly, resulting in many deaths from skirmishes with soldiers as well as from starvation and disease. The Cherokee in particular were forced to undergo a forced march that became known as the Trail of
In order to make more eastern land available for settlement, Congress passed the Indian Removal Act in 1830. This enabled the President of the United States to have power physically to move eastern Indian tribes to land west of the Mississippi River. Indian Title did not grant the Indians the power to sell their own lands. The result of which was that, the Indians went uncompensated for their lands and the Original Indian Title was forsaken. Although more than 70,000 Indians had been forcibly removed in a ten-year journey westward, a trip that became known as the "Trail of Tears," the Passamaquoddy Indians remained in the northeast. This was possibly due to their remoteness and harsh winters of the North Atlantic coast.
Back in 1830, Congress passed the Indian Removal Act. This act required the government to negotiate treaties that would require the Native Americans to move to the west from their homelands. Native Americans would be moved to an area called the Indian Territory which is Oklahoma and parts of Kansas and Nebraska. Some tribes that were to be moved are Cherokee, Creek, Seminole, Choctaw, and Chickasaw. All of the other tribes had relocated in the fall of 1831 to the Indian Territory besides the Cherokee who did not relocate until the fall of 1838. They did not move from their homeland without a fight. Their homeland was parts of Georgia, Alabama, Tennessee, and North Carolina. They started this march in the fall of 1838 and finished in early
President Andrew Jackson wanted the white settlers from the south to expand owning land from Five Indian tribes, which was called Indian Removal Policy (McNamara). The Five Indian tribes that were affected were Choctaws, Muskogee, Chickasaws, Cherokees, and the Seminoles. In the 1830, the Removal Act went into effect. The Removal Act gave President Andrew Jackson the power to remove Indian tribes living east of the Mississippi river by a negotiate removal treaties (James). The treaties, made the Indians give up their land for exchange of land in the west (James). There were a few tribes that agreed to sign the treaties. The others that did not sign the treaty were forced into leaving their land, this was known as the Trail of Tears.
Unfortunately, this great relationship that was built between the natives and the colonists of mutual respect and gain was coming to a screeching halt. In the start of the 1830s, the United States government began to realize it’s newfound strength and stability. It was decided that the nation had new and growing needs and aspirations, one of these being the idea of “Manifest Destiny”. Its continuous growth in population began to require much more resources and ultimately, land. The government started off as simply bargaining and persuading the Indian tribes to push west from their homeland. The Indians began to disagree and peacefully object and fight back. The United States government then felt they had no other option but to use force. In Indian Removal Act was signed by Andrew Jackson on May 18, 1830. This ultimately resulted in the relocation of the Eastern tribes out west, even as far as to the edge of the Great Plains. A copy of this act is laid out for you in the book, Th...
The Indian Removal Act was signed into law by President Andrew Jackson on May 28, 1830. The act authorized him to negotiate with the Native Americans in the Southern Non- Native Americans supported the act heavily. Christian missionaries opposed this act was future President Abraham Lincoln, future New Jersey Theodore Frelinghuysen and Congressman Davy Crockett spoke against the legislation. It later was passed by Congress. Due to the Indian Removal Act the current Native American population is very low. --The Removal Act of 1830, section I, in The American Indian and the United States, A Documentary History, ed. Wilcomb E. Washburn, vol. 3 (New York: Random House, 1973) 2169"That in the making of any such exchange or exchanges, it shall and may be lawful for the President solemnly to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guaranty to them, and their heirs or successors, the country so exchanged with them and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same: Provided always, Those lands shall revert to the United States, if the Indians become extinct, or abandon the same." (http://www.columbia.edu/~lmg21/BC3180/removal.html).
Perhaps the worst aspect of Jackson 's administration was his removal and treatment of the natives. Specifically, Andrew Jackson forced the resettlement of several native american tribes against the ruling of the Supreme Court. The Indian Removal Act drove thousands of natives off their tribal lands and forced them west to new reservations. Then again, there are those who defend Jackson 's decision stating that Indian removal was necessary for the advancement of the United States. However, the cost and way of removing the natives was brutal and cruel. The opposition fails to recognize the fact that Jackson’s removal act had promised the natives payment, food, and protection for their cooperation but Jackson fails to deliver any of these promises. Furthermore, in “Indian removal,” an article from the Public-Broadcasting Service, a description of the removal of the Cherokee nation is given. The article analyses the effect of the Indian Removal Act, which was approved by Jackson, on various native tribes. “The Cherokee, on the other hand, were tricked with an illegitimate treaty. In 1833, a small faction agreed to sign a removal agreement: the Treaty of New Echota. The leaders of this group were not the recognized leaders of the Cherokee nation, and over 15,000 Cherokees -- led by Chief John Ross -- signed a petition in protest. The Supreme Court ignored their demands and ratified the treaty in 1836. The Cherokee were given two years to migrate voluntarily, at the end of which time they would be forcibly removed. By 1838 only 2,000 had migrated; 16,000 remained on their land. The U.S. government sent in 7,000 troops, who forced the Cherokees into stockades at bayonet point. They were not allowed time to gather their belongings, and as they left, whites looted their homes. Then began the march known as the Trail of Tears, in which 4,000 Cherokee
In order to understand the lack of morality on the part of the United States, the actions taken by the group in favor of removing the Indians and their opponents needs examining. The seeds of the Indian Removal Act of 1830 are rooted in colonial times and continued to grow during the early years of the American republic. To comprehend this momentous tragedy we must first examine the historical background of the Indian '"'problem'"' and seek rationale for the American government"'"s actions. This includes looking at the men who politically justified the expulsion of the Cherokee nation and those who argued against it.
The Removal Act of 1830 paved the way for the hesitant and generally—journey of ten of thousands of Native Americans to move more westward. The very first removal treaty was signed after the Removal Act of 1830. This treaty made Choctaws in Mississippi ceded land east of the river. The U.S. government would give money in exchange for land in the east of the river for land in the west. The Choctaw chief quoted to Arkansas Gazette that in 1831 Choctaw Removal was a Trail of Tears and downfalls. The treaty signed in 1835 was known as the Treaty of Echota, which resulted in the removal of the Cherokees on “The Trail of Tears.” The Seminoles decided not to leave also as the other tribes left peacefully. The Seminoles resisted leaving their homeland. In winter of 1838-39, fourteen thousand were marched one thousand two hundred miles through Tennessee, Kentucky, Illinois, Missouri, and Arkansas. Roughly estimated four thousand died from lack of food, exposure and disease. The government soldiers would appear without notice at a Cherokee front door and order the people inside the home, men women and children, to immediately evacuate and take only what each could carry. They were forced marched to thoughtlessly assembled barriers like cattle and le...
The federal government proceeded to find a way around this decision and had three minor Cherokee chief’s sign the “Treaty of New Echota” in 1835 giving the Cherokee lands to the government for 5.6 million dollars and free passage west. Congress got the treaty ratified by only one vote. Members of their tribes murdered all three chiefs who took part in the signing of the treaty. After this event there was not much the Cherokee’s could do and were forcibly moved west on what they called and are known today as the ‘Trail of Tears,’ which became a constitutional crisis in our history. In this instance the lack of cooperation between the branches of the government was the downfall for the Cherokee nation. The way the Cherokee’s were forced west caused losses of up to twenty percent of the nation. This figure is only a guess and scholar’s think it was more a third of the nation was lost. The ‘Trail of Tears’ was also a morale issue in the United States, later having an impact on our history the way other Native American races in general are treated in the future.
Natives were forcefully removed from their land in the 1800’s by America. In the 1820’s and 30’s Georgia issued a campaign to remove the Cherokees from their land. The Cherokee Indians were one of the largest tribes in America at the time. Originally the Cherokee’s were settled near the great lakes, but overtime they moved to the eastern portion of North America. After being threatened by American expansion, Cherokee leaders re-organized their government and adopted a constitution written by a convention, led by Chief John Ross (Cherokee Removal). In 1828 gold was discovered in their land. This made the Cherokee’s land even more desirable. During the spring and winter of 1838- 1839, 20,000 Cherokees were removed and began their journey to Oklahoma. Even if natives wished to assimilate into America, by law they were neither citizens nor could they hold property in the state they were in. Principal Chief, John Ross and Major Ridge were leaders of the Cherokee Nation. The Eastern band of Cherokee Indians lost many due to smallpox. It was a year later that a Treaty was signed for cession of Cherokee land in Texas. A small number of Cherokee Indians assimilated into Florida, in o...
... the unwilling tribes west of the Mississippi. In Jackson’s letter to General John Coffee on April 7, 1832, he explained that the Cherokees were still in Georgia, and that they ought to leave for their own benefit because destruction will come upon them if they stay. By 1835, most eastern tribes had unwillingly complied and moved west. The Bureau of Indian Affairs was created in 1836 to help out the resettled tribes. Most Cherokees rejected the settlement of 1835, which provided land in the Indian territory. It was not until 1838, after Jackson had left office, that the U.S. Army forced 15,000 Cherokees to leave Georgia. The hardships on the “trail of tears” were so great that over 4,000 Cherokees died on their heartbreaking westward journey. In conclusion, the above statement is valid and true. The decision the Jackson administration made to remove the Cherokee Indians to lands west of the Mississippi River was a reformulation of the national policy. Jackson, along with past Presidents George Washington, James Monroe, and Thomas Jefferson, tried to rid the south of Indians This process of removing the native people was continuous as the years went on.