The Cherokee Victory The Cherokee Indians, the most cooperative and accommodating to the political institutions of the united states, suffered the worst fate of all Native Americans when voluntarily or forcibly moved west. In 1827 the Cherokees attempted to claim themselves as an independent nation within the state of Georgia. When the legislature of the state extended jurisdiction over this ‘nation,’ the Cherokees sought legal actions, not subject to Georgia laws and petitioned the United States Supreme Court. The case became known as Cherokee Nation vs. Georgia in 1831. Supreme Court Justice John Marshall denied their claim as a republic within Georgia, he then deemed the Cherokee as a ‘domestic dependent nation’. One year later through the case of Worcester vs. Georgia, the Cherokee’s were granted federal protection from the molestation by the state of Georgia. Through the Indian Removal act in 1830 President Andrew Jackson appropriated planning and funding for the removal of Native Americans, Marshall’s rulings delayed this for the Cherokee Nation, and infuriated President Jackson. Marshall’s decision had little effect on Jackson and ignoring this action the president was anxious to see him enforce it. 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. If Chief Justice John Marshall had claimed that in either case of “Cherokee Nation vs. Georgia” or “Worcester vs.
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.
The Indian Removal Act of 1830 was an abuse of power exerted on the Indian tribes residing in America by the people of the colonies as well as presidents at the time of their removal. Many Indians affected lost their lives, their loved one’s lives’, and the land they thrived on dating back years to their ancestors. This act would be later named “the trail of tears” because of the monumental loss the Indian tribes had endured during their displacement, and the physical and psychological damages of these people (TOTWSR).
...(Perdue 20). It gave them two years to prepare for removal. Many of the Cherokees, led by John Ross, protested this treaty. However, in the winter of 1838-1839, all of the Cherokees headed west toward Oklahoma. This removal of the Cherokees is now known, as the Trail of Tears was a very gruesome event. During the trip from the southern United States to current day Oklahoma, many of the Cherokees died. Shortly after their arrival in Oklahoma, they began to rebuild. They began tilling fields, sending their children to school, and attending Council meetings (Perdue 170).
President Jackson declared that “our ancestors found them the uncontrolled possessors of these vast regions” (188). It has been through persuasion and force that we have moved the Native Americans until some tribes have become extinct. The governor, Lumpkin, of Georgia argued that the state cannot exercise against the constitutional rights and moral duty. The Cherokee’s claimed that the treaties and laws of the United States had guaranteed their residency, their privileges and secured them against intruders. Even though the Cherokees had successfully appealed to the Executive, Legislative and Judicial governments Georgia continues to rob them of their laws government and land rights. The Cherokee people petitioned to the government of the United States to fulfill their promises and protect them and all they were given for a response was that the United States could not interfere. Even though I believe the Cherokee Nation had to fight for their sovereignty none of the choices available to them would have provided them with a good resolution. The white people really did not want them to assimilate because they feared them and considered them uncivilized. Moving freely to unknown lands would have been very difficult. By this time the Indians had suffered many losses from disease, they were becoming dependent on
First, the Cherokees don’t want to move to their new territory. According to Joan Marshall in the article “Allow the Cherokee To Stay” that, they were treated horrible, and they didn’t get the treaties said when they moved. The Cherokees decided to ring their problems to the U.S. Supreme Court which is just fair. The U.S. Supreme Court didn’t really favor on the Cherokees but
Prior to 1830 the Cherokee people in the Southern states were land and business owners, many owned plantations and kept slaves to work the land, others were hunters and fishermen who ran businesses and blended in well with their white neighbors, but after Andrew Jackson took office as President, the government adopted a strict policy of Indian removal, which Jackson aggressively pursued by eliminating native American land titles and relocating American Indians west of the Mississippi. That same year, Congress passed the Indian R...
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
To many the trail of tears has no meaning or relevance in their life, but for some the Trail of Tears has great meaning since many of the native ancestors endured the hardships of this time. In the 1830s, Native Americans occupied many acres of land in Georgia, Tennessee, Alabama, North Carolina, and Florida. The main reason for the Trail of Tears was because the Americans wanted the Indians’ land for themselves so they could raise their cattle, and because of the good soil so they could grow and harvest crops. Their ancestors had lived on and cultivated this land for generations, and by the end of that generation very few Native Americans remained anywhere in the Southeastern United States. Many think that The Trail of Tears was just the “Five Civilized Tribes”, but there were many other smaller tribes involved too. Some tribes agreed to sign, and others were forced into it, but either way it went they all had to leave. Many Native Americans suffered from exposure, disease, and starvation on their way to their destinations, making The Trail of Tears one of the greatest hardships in Native American history.
The Constitutional implications of Worcester v. Georgia case in 1832 was when the Supreme Court stated that Georgia could not control the Cherokee within their territory, where Samuel Worcester and Elizur Butler who were two missionaries have not obtained a license and disobeyed the Georgia law to live on the Cherokee lands, even though they were welcomed by the Cherokee nation to stay. In Cherokee Nation v. Georgia, the court case in 1831 was where the Cherokees fought for defense against the Indian Removal Act and Georgia's nullification of Cherokee laws. In addition, John Marshall states that the Cherokee had an unquestionable right to their land and they were a domestic independent nation. The decisions related to the Indian Removal Act because the Native American culture plays a huge part of American culture. This act was passed by Congress in 1830, which allowed the Native Americans to resettle, including all of the five civilized tribes, (Cherokee, Chickasaw, Choctaw, Creek ,and Seminole) east of the Mississippi to the new Indian territory. This act separated the Indians from the United States creating a new territory for the Indians but kept that trade and bond with the United States. This showed that the states have a superior place in the law of Constitution if unconstitutional they can nullify all duties
In the nineteenth century, the Cherokee shifted from a tribal government to a republic based on that of the United States.
The Trail of Tears was a horrific time in history from the Cherokee Indians. May 18, 1830 was the beginning of a devastating future for the Cherokee Indians. On that day congress officially passed Andrew Jackson’s Indian removal act. This policy granted President Andrew Jackson the right to force the Cherokee tribe consisting of about 13,000 people off of their reservations consisting of about 100 million acres east of the Mississippi River in the Appalachian Mountains and to attend a long and torturous journey consisting of about 1,200 miles within nine months until they reached their new home, a government-mandated area with in present-day Oklahoma. They left their land which was home to the “Five Civilized Tribes” which were assimilated
There were many events that lead up to and caused the Trail of Tears. One of the main reasons that the U.S. wanted the Cherokee’s land was to open eastern lands to European American immigrants (Bertolet). During the 1820’s, as the eastern population grew, southern states urged the federal government to remove Indians from their lands. The government tried to appease the southern states by proposing treaties with the tribes. The Indians felt that the land was rightfully theirs, so they did not agree to these treaties. Since the Indians were not agreeing with the government, President Andrew Jackson approved and signed the Indian Removal Act of 1830. This act allowed the president exchange Indian lands for land west of the Mississippi River. This act was unfair to the Cherokee nation and the Indian people because they had no say in the passing of this act. Supporters of the removal act said that it would allow for Americans and immigrants to...
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 generalization that, “The decision of the Jackson administration to remove the Cherokee Indians to lands west of the Mississippi River in the 1830s was more a reformulation of the national policy that had been in effect since the 1790s than a change in that policy,” is valid. Ever since the American people arrived at the New World they have continually driven the Native Americans out of their native lands. Many people wanted to contribute to this removal of the Cherokees and their society. Knox proposed a “civilization” of the Indians. President Monroe continued Knox’s plan by developing ways to rid of the Indians, claiming it would be beneficial to all. Andrew Jackson ultimately fulfilled the plan. First of all, the map [Document A] indicates the relationship between time, land, and policies, which affected the Indians. The Indian Tribes have been forced to give up their land as early as the 1720s. Between the years of 1721 and 1785, the Colonial and Confederation treaties forced the Indians to give up huge portions of their land. During Washington's, Monroe's, and Jefferson's administration, more and more Indian land was being commandeered by the colonists. The Washington administration signed the Treaty of Holston and other supplements between the time periods of 1791 until 1798 that made the Native Americans give up more of their homeland land. The administrations during the 1790's to the 1830's had gradually acquired more and more land from the Cherokee Indians. Jackson followed that precedent by the acquisition of more Cherokee lands. In later years, those speaking on behalf of the United States government believed that teaching the Indians how to live a more civilized life would only benefit them. Rather than only thinking of benefiting the Indians, we were also trying to benefit ourselves. We were looking to acquire the Indians’ land. In a letter to George Washington, Knox says we should first is to destroy the Indians with an army, and the second is to make peace with them. The Indian Trade and Intercourse Act of 1793 began to put Knox’s plan into effect. The federal government’s promise of supplying the Indians with animals, agricultural tool...
When we first started this project I thought it was going to be hard, and a little bit weird to share the class, but at the end of the project I found it to be really easy and fun. The first part to this project was the TED talk “The Danger of a Single Story”. When I watched the video I fully understood what the lady was saying, and I found it very interesting. I learned that us having a “single story” makes us judgemental, discriminative, and unkind to others because we act like we know a person because of stereotypes that relate to them. The next thing we did in this project was look over the family letter and ask need to knows. The letter let all of us know exactly what we were going to do in this project, what we are going to need to complete