Native American Removal Was Unjust

They were declared a dependent sovereign state and only the federal government had any say so in their affairs. Treaties were signed and land was sacrificed in order to retain some semblance of independence but the states got greedy and wanted it all. It was the Indians who followed the treaties and never went after their lost land or left their borders but the Americans continued to encroach on them. The Memorial Of the Cherokee Nation explained how Indians were tricked into selling land that belonged to the Nation so that Indian territory became American territory despite the people having no right to sell land given to the Cherokee Nation. The Cherokee government fought the breaks in the treaties but the judicial decision was overruled and the Cherokees were still forced to move. Besides the breaches in the treaties, the Cherokee tribe was one of the five assimilated tribes meaning they adopted European customs and religions. The Cherokee had become civilized as was the European’s goal and they fought their battle through the legal system not in a war. In this sense, the Indian Removal was unjust and

The Indian Removal Act of 1830, championed by President Andrew Jackson, called for the relocation of numerous native American tribes to lands west of the Mississippi River to land for white settlers. Although the bill was extremely controversial, it was passed, and entire Indian tribes were forced to move. Due to the hardship and suffering the Indian Removal Act of 1830 caused Indian peoples, as well as the fact that it was unnecessary, unconstitutional, and immoral, it should not have been passed. Firstly, the negative effects of the bill on native Americans far outweighed the benefits it might have had for second people. Secondly, the bill violated numerous treaties between the U.S. government and Indian tribes and was thus unconstitutional. Lastly, the bill was immoral due to the fact that Indian leaders were not allowed a voice in their own future and the inherent racism involved in the decision.

The U.S. Government had many reasons or why the Cherokee removal was a good idea. One reason was even though Major Ridge, the Cherokee who signed the Treaty of New Echota, had no legal right to sign it, they still had a Cherokee signature (Exhibit J). They said Major Ridge claimed he represented all Cherokee when he only represented about 2000 Cherokee. Another good reason for the removal was that moving would likely save the Cherokee’s culture. If they stayed, they

The government attempted to uphold relations with the Indians on the condition that they establish themselves in the beliefs and values of the United States people (Jackson, First Annual Message to Congress, 2). They wanted the Indians to be of the Christian faith and to learn their practices, such as their agricultural lifestyle and techniques, to help civilize and assimilate the Indian people. This really just rooted the settler’s supremacist temperament into place. The Supreme Court did back the Indians temporarily in the Worcester v. Georgia trial, in which the United States Supreme Court held that “the Cherokee Indians constituted a nation holding distinct sovereign powers” (Garrison, Worcester v. Georgia, 1). While it seemed a concerted effort, it eventually led to the forced signing of the Cherokee people at the “Cherokee capital of New Echota”, and furthermore, to the Trail of Tears and the downfall of the Indian nation (Garrison, Worcester v. Georgia, 1). The Americans ultimately made a frail attempt at civil dealings with the Indian people and their tribes, but when the Indians refused, the government used unnecessary force and aggression to get what they

Until 1828, the federal government agreed that Cherokee had rights to their land, but when Andrew Jackson was elected President, that all ended. Jackson refused to believe that the tribes were sovereign and thus viewed Indian treaties, as an absurdity

In the court case Worcester v. Georgia, the U.S. Supreme Court held in 1832 that the Cherokee Indians and Samuel Worcester created a nation holding distinct sovereign powers. This decision did not protect the Cherokees from being removed from their tribal birthplace in the Southeast.

Many historians argue that the Indian Removal Act was not justified. “Members of Congress argued that Jackson violated the Constitution by refusing to enforce treaties that guaranteed Indian land rights.” (Cheathem, 452). In 1791, America signed a treaty with the Cherokees with the intent on “civilizing” them into the traditions of America. By the 1820’s, most Cherokees were “living in log cabins instead of houses made

President Andrew Jackson and the Congress overruled the Supreme Court. A few years later, the Treaty of New Echota was signed. This treaty was a document concerning the trading of land mass between the Cherokee Nation and the government. “That a sum not exceeding five millions of dollars be paid to the Cherokee Indians for all their lands and possessions east of the Mississippi river” (Treaty of New Echota, 1835). The treaty got its name from the capital of the Cherokee nation. In Andrew Jackson’s third annual message to the Congress, he speaks of the advantages of all concerns about the Indian Removal Act. “It is pleasing to reflect that results so beneficial, not only to the States immediately concerned, but to the harmony of the Union, will have been accomplished by measures equally advantageous to the Indians” (Jackson, 1831). Andrew Jackson viewed that his relocation of the Indians gave equality to the Indians, States, and the Union. President Andrew Jackson made the mistake of moving the Indians under the poor conditions in which they traveled. There were alternative options Andrew Jackson could have chosen from. For instance, waited to relocate the Indians until the weather became warmer versus the cold weather that the Indians traveled in. They needed more supplies to be able survive the long journey to new Indian territory. The amount of supplies of water, food, horses, wagons, and basic medical items should have been increased before the move. Andrew

     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

In 1831, the Cherokee nation went to court against the state of Georgia. They were disputing the state’s attempt to hold jurisdiction over their territory. Unfortunately, because they are not under the laws of the constitution, the Indian’s right to court was denied. It was not until 1835 that the Cherokee finally agreed to sign the treaty, giving up their Georgia land for that of Oklahoma.

For the treaty to pass, it had to be ratified by the United States Senate. Henry Clay and Daniel Webster spoke against the treaty, but despite their best efforts, it passed. Chief John Ross led the Ross Party that was made up of those against the removal and Treaty of Echota. More than 16,000 Cherokee Indians of 17,000 signed Ross’s petition against the treaty. That means over 94 percent of the indians were against the treaty used by the United States government to justify their actions against the native Cherokee people. The Treaty of Echota sealed the fate of the people despite the fact that they were unfairly represented (History).

Jackson wrote “I suggest for your consideration….setting apart an ample district west of the Mississippi….to be guaranteed to the Indian tribes as long as they shall occupy it….” (Doc D). Although Jackson forced the Native Americans to leave, he gave them a land in the west of Mississippi as long as they live in it. Now that Jackson gave the Native Americans a land, there will be no more conflicts between them and the white people. Some of the Native Americans did not want to leave their land such as the Cherokee because they had the right to stay since it is the land of their fathers and because they were the ones who came to the lands first. In the Memorial of the Cherokee Nation, the Cherokees said “The country west of the Arkansas territory is unknown to us…. The far greater part of that region is….badly supplied with food and water…. All our neighbors… would speak a language totally different from ours, and practice different customs….” (Doc E). Cherokees did not want to leave for many reasons such that the west of the Arkansas region is unknown to them, the greater part of the region is badly supplied with food and water, and all of their neighbors speak different language

The Cherokee natives wanted to keep the land they knew and have lived on, they don’t want the land Jackson’s providing and strongly disagree. Although the natives owned the land first and did nothing wrong Jackson forced them to move killing thousands. In document 9 from the Memorial of the Cherokee Nation the natives state, “We wish to remain on the land of our fathers. We have a perfect and original right to remain without interruption or molestation...On the soil which contains the ashes of our beloved men we wish to live- on this soil we wish to die…” Jackson took the natives homeland, the only place most have known without a care showing he is not democratic. Similarly, the map from document 10 shows the minimal amount of land Jackson gave the natives after forcing them off their home land. This map is from the Indian Removal Act in the 1830’s where Jackson did not compromise or try at all to preserve the natives land. Andrew Jackson could have prevented the Trail of Tears but instead refused to listen to their complaints or compromise with them. Finally, Daniel Webster’s Reply to Jackson’s Bank Veto is a message that questions Jackson and his beliefs. Document 5 states Jackson has too much power and because he is unknown he is dangerous and shouldn’t be trusted. He is also turning social classes against each other creating mass issues. “It manifestly

treated the Indians poorly, and it overall helped out the government. The first argument was about the Indians claiming the land before the U.S. which shows they can stay wherever they want. Next, the U.S. treated the Indian tribes poorly. This shows that the Indian tribes have reasons for doing what they did. Last of all, it affected the U.S. government in a positive way. This is because the Cherokee that stayed and followed Georgia law, helped fight in the war. We have to protect our enemies if it means that our government could be

Cherokee rights were also decreasing. They were no longer allowed to have businesses; they couldn't testify against the white in court, and they were prohibited to mind for the gold. Majjor Ridge and his family had decided that enough was enough and that they should just retreat from the area. John Ross on the other hand had decided that the Indians should continue to fight for the land because they were there first. Tragically for the Indians, the 1835 Treaty of Echota was illegitimately signed and approved saying that all of the Indians were to move to the west side of the Mississippi River in exchange for five