The US Congress, in 1830, voted on the issue of what rights Indians had to land and independence in North America, continuing a discussion older than the American colonies. In America, a land of immigrants, the question of whose rights were primary, and on what basis, was centuries old. According to their traditions the Indian communities of the Cherokee people had lived in their homeland in southeastern North
America for centuries.1 Little interested in Indian traditions, officials of the State of
Georgia were waging a campaign to expel the Cherokee from within the borders the state had negotiated with the federal government in 1802. With the election of Andrew
Jackson in 1828, Georgia had gained an ally in the White House who also had a program
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In debating Indian Removal, Congress was discussing the dispossession and expulsion of independent Indian communities in the eastern half of North America. The debate was not a new one, but was set in terms of the principles and experience of a country with
Wolfe discusses the evolution of the methods used by European colonists to eliminate the Native Americans and take control and settle in their lands. He plots the shifting course of the strategies used to incorporate Indians into US society, going in chronological order. He starts by discussing Indian Removal becoming obsolete. He then describes the system of allotment, where Indians were given individuals plots of land to farm and manage. Finally, Wolfe discusses Blood Quantum, the method of evaluating one’s “Indian-ness.”
The Cherokee people were faced with a problem because they were forced to leave their property due to the Indian Removal Act. This Act was presented by Georgia so the state could have Cherokee land. The historical question is asking what path was best; migrating west or to stay put and fight back? The tribe was torn on what side to be a part of.
The Act led to an array of legal and moral arguments for and against the need to relocate the Indians westward from the agriculturally productive lands of the Mississippi in Georgia and parts of Alabama. This paper compares and contrasts the major arguments for and against the
But this time according to the appeal on the Law made in 1830 which prohibited whites from living on Indian territory after March 31, 1831, without a license from that state. So when with the Supreme Court they decided that the Cherokee did not have a right to keep and have their own government in their land, the Georgia extensions of the state's law to be agents the law. From the Indian Removal Act you can see that Andrew Jackson different Values and beliefs than the CHerokees. Andrew Jackson valued American Progress and expansion, because he wanted and continuously was trying to remove the indians out of their land because he believed that they were obstacles to the american progress.
While white settlers bought up lottery tickets and a chance at Cherokee land, the Georgia Legislature began to pass new laws that would override Cherokee sovereignty. Georgia ruled that meetings of the Cherokee Legislature and courts would be illegal and anyone living on Cherokee land and not Cherokee were subject to approval under Georgia law. Some would blatantly reject these imposes of Georgia, one being Samuel Worchester, a white missionary who lived in Cherokee territory for years was jailed and sentenced to “hard labor.” Georgia state legislator’s efforts, were in essence to write the Cherokees out of existence, ignoring the nation’s constitution, borders and laws in the pursuit of Cherokee land. When Cherokee’s approached President
The remaining Cherokee Indians were surrounded by the mast increasing majority of the whites. With the increasing of the white the population, the Cherokee were forced to adapt to the white man’s world and their way of life to blend in for survival. They created their own government, they became farmers, blacksmiths, carpenters, masons, owners of property. The Cherokees nation resisted removal using political means by publishing newspaper through the pressing press and protesting to the federal government; addressing memorial to the nation; a public plea for justice resulting in Georgia passing a law making it a crime for a white person to stay in Indian territory without taking an oath to the state of Georgia. The Cherokee Indians went through lawful and political means of resistance to avoid removal but it was ignored and their land was put on sale, property taken, and treaty created; still the Cherokee followed a policy of
Yet even removal and issues of tribal sovereignty fit within a larger context of Jackson’s convictions regarding national security and state sovereignty. The general’s rise was due to his success as an Indian fighter on the frontier. He always, and to some extent legitimately, viewed American Indians as a serious threat to settlers. As president, Jackson understood
Being in the middle of the South, the Creek Indians were surrounded by plantation owners and frontiersmen on all sides along with the Cherokee Indians. Being surrounded on all sides, they were in constant conflict with white protestors and squatters who believed they had a right to settle and obtain Indian land. The squatters did this with no actual approval, but a belief in Georgia is sovereign, and was not. The problem is that Georgia failed to recognize that the Creeks had proclaimed themselves their own sovereign state. But Georgia believed that the United States Constitution made this null and void.
This clearly shows that there was political bias and the state government was acting reactively instead of acting proactively and looking at the losses the Cherokees would face. This then instigated the case Cherokee Nation v. Georgia. In June 1830, a delegation of Cherokee led by John Ross and William Wirt, attorney general in the Monroe Administration, were selected to obtain a federal injunction against laws that were passed by the Georgia state legislature depriving them of their rights within the state borders (“Cherokee Nation v. Georgia”). They claimed that Georgia created laws that “go directly to annihilate the Cherokees as a political society,” and since they were a foreign government, Georgia’s laws were not legally binding to them. As a counter, Georgia was trying to make the point that the Cherokee Nation was not a foreign government because they did not have
Trail of Tear In the 19th century, the U.S. decides to expand it territories into the homelands of the Cherokee, Creek, Choctaw, Chickasaw, and Seminole (also known as the “Five Civilized Tribes”). Destroying the homes of the natives all for growing cotton. Such an unlawful act for a selfish reason. Starting with Andrew Jackson and the Indian removal act leading to tension rising between the tribes. Contributing to the to the split of the cherokees at pea ridge and the battle of Wilson's creek.
The courts of Georgia agreed with the Cherokees and passed a ruling that they Cherokee Indians were not required to move. President Jackson overruled this ruling and sent armed
Forced Move of The Cherokee Nation The forced move of the Cherokee nation was not a correct action taken by the government at that point of history. It was unfair for the Cherokees, most strongly disagree with the treaty, it violated the Cherokee’s rights, and caused many to die. it also failed to follow the constitution It was very unfair for the Cherokees to be removed from their homeland, where their ancestors have lived and made it their home.
On July 17, 1830, the Cherokee nation published an appeal to all of the American people. United States government paid little thought to the Native Americans’ previous letters of their concerns. It came to the point where they turned to the everyday people to help them. They were desperate. Their withdrawal of their homeland was being caused by Andrew Jackson signing the Indian Removal Act into law on May 28, 1830.
In the book, The Cherokee Removal, Perdue and Green argue that the Cherokee Nation was treated unfairly by the U.S. Government in the 1800s. The majority of Americans were not fond of the Native Americans, and the Americans felt as if the Native Americans were on their rightfully owned property. Perdue and Green display how the states were trying to remove the Natives when they write, “A state could use its legal institutions to make life for Indians so miserable that they would gladly sell their lands and flee to the West” (Perdue and Green, 73).
Throughout the 19th century Native Americans were treated far less than respectful by the United States’ government. This was the time when the United States wanted to expand and grow rapidly as a land, and to achieve this goal, the Native Americans were “pushed” westward. It was a memorable and tricky time in the Natives’ history, and the US government made many treatments with the Native Americans, making big changes on the Indian nation. Native Americans wanted to live peacefully with the white men, but the result of treatments and agreements was not quite peaceful. This precedent of mistreatment of minorities began with Andrew Jackson’s indian removal policies to the tribes of Oklahoma (specifically the Cherokee indians) in 1829 because of the lack of respect given to the indians during the removal laws.