The Removal of Native American Tribes from Their Indigenous Lands: An Analysis of Arguments and Legalities

Surprisingly, even though many Americans wanted the Indians’ land, some Americans disagreed with the government’s decision over the Indians removal. This can be seen though an account made by John G. Burnett, “I saw helpless Cherokees arrested and dragged from their homes, and driven at the bayonet point into the stockades. And in the chill of drizzling rain…. loaded like cattle or sheep into… wagons and started toward the west. One can never forget the sadness and solemnity of that morning,” (Doc. M). This was considered the lowest point of Jackson’s career (Shi and Tindall, 330). Jackson’s administration completely ignored the Indians’ rights as people and forced them to leave everything they’ve ever known, which completely ignores basic human rights much less the basics of a democracy.

In his article “Andrew Jackson and His Indian Wars”, the author Robert V. Remini believed that Andrew Jackson’s Removal Policy benefited Native Americans. However, in his article he contradicts himself. While speaking of Andrew Jackson’s inaugural address Robert V. Remini points out “Anyone who

When Americans expanded their country west, they interfered with many American Indian Tribes. In a letter he wrote to congress, he explained “This emigration should be voluntary… (but) if they remain within the limits of the states they must be subject to their laws” (Andrew Jackson’s Message to Congress December 7, 1829). Andrew Jackson offered to let the American Indians stay if they followed their laws. But in 1831, Jackson forced the Native Americans out of their homelands starting the Indian Removal. According to a reprinted in Niles Weekly Register, the Cherokee’s said “We wish to remain on the land of our fathers. We have a perfect and original right to remain without interruption or molestation”. Jackson lied to the American Indians about allowing them to stay. Jackson did not act democratically because he did not allow the American Indians to stay and forced them to move west. Jackson was fair to his supporters, but not to

The Indian Removal Act signed by the president of the United States, Andrew Jackson, caused controversy and the brutal and merciless suffering of the Native Americans during The Trail of Tears. The beginning of the 1830’s was a time when the Native Americans occupied The Deep South. This, however, was problematic for the white farmers who were in need of farmland in order to increase their production of cotton. Nevertheless, Andrew Jackson, the seventh president of the United States, coerced the Native Americans to relocate their civilizations to lands west of the Mississippi. A close examination at the tribes that were compelled to move west would show that they were civilized. Thus, Andrew Jackson was not justified in his policy towards

Jackson mistreated and harmed the Native Americans which was oppressive and undemocratic. In Andrew Jackson’s message to Congress, he lied when he stated that, “This emigration should be voluntary… (but) if they remain within the limits of the states they must be subject to their laws,” (Doc 8). The Native Americans had adapted and begun to resemble a civilized society with town meetings, public education, and an alphabet. Less than six months later, Jackson signed the Indian Removal Act and would soon take military force to push the Native Americans west into a reserved territory for them in what is present day Oklahoma (Doc 10). It was very undemocratic of Jackson to lie to the Native Americans and oppress them by forcefully moving them to the reserved Indian Territory. The Cherokee however, did not give up easily and took their case to the U.S. Supreme Court. Their plea to remain on the land of their ancestors without interruption was upheld and clarified that the Cherokee had the right to establish their own nation within the state of Georgia (Doc 9). Jackson ignored the ruling of the Supreme Court and ultimately

The Market Revolution adversely affected the liberty of Native Americans residing within the United States because they were seen as an obstacle to the country’s economic progress. As the Market Revolution ideas of commerce and expansion took hold in the minds of the people, these white citizens shared the view that Native Americans were hindering the goal of expansion. The citizens believed it was their God-sanctioned right to settle the West (Manifest Destiny) and the Native Americans stood in the way. Conflicts with Native Americans have existed in America since the first settlers, but with the increased emphasis on commerce and development brought by the Market Revolution, the relations worsened. In 1823, during the case of Johnson v M’Intosh, the Supreme Court claimed that Native Americans only had the “right of occupancy” on their land, and that they did not own it. In 1830, under Jackson’s administration, the Indian Removal Act was created which tried to move the 5 Civilized Tribes out of their lands.

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

Andrew Jackson was such a popular president in the history of the United States that he was still getting votes for the presidency fifteen year after he died! Though born to be a soldier, Jackson was elected President of the United States in 1828 and again in 1832 after the electoral system and Henry Clay had cost him the presidency in 1824. His mantra was that the voice of the People must be heard. Historians connect Jackson to a new spirit of democracy that swept over the United States during the early 1800s and this era of “common man” marked a new stage for American democracy where average people began to have a say in the workings of their government. The term democratic is defined as “of, relating to, or supporting democracy or its principles”

The Market Revolution adversely affected the liberty of Native Americans residing within the United States because they were seen as an obstacle to the country’s economic progress. As the Market Revolution ideas of commerce and expansion took hold in the minds of the people, these white citizens shared the view that Native Americans were hindering the goal of expansion. It was the United State’s God-ordained right to occupy and settle the land westward (Manifest Destiny), and the Native Americans were in the way. The conflicts with Native Americans has existed in America since the first settlers, but with the increased emphasis on commerce and development brought by the Market Revolution, the relations worsened. In 1823, during the case of Johnson v M’Intosh, the Supreme Court claimed that Native Americans only had the “right of occupancy” on their land, and that they did not own it. In 1830, under Jackson’s administration, the Indian Removal Act was created which tried to move the 5 Civilized Tribes out of their lands. Finally, in the Trail of Tears during 1838-1839, 18,000 Cherokee men, women, and children were forcibly removed from their lands and relocated to Oklahoma by federal soldiers. Soon

Growing up in the west, Jackson “fought Indians as a militia officer” (Tindall 331) and considered the removal of Indians his primary presidential priority (Tindall 333). In his statement regarding the Indian Removal Act of 1830, he argues that removal is necessary as it “puts an end to all possible danger of collision” between Indian tribes and the American slaves and reasons that removing Indians could potential lead to Indians “cast[ing] off their savage habits and becom[ing]n interesting, civilized, and Christian community” (Jackson). The basis of this argument relies entirely on whether the Indians were a savage and uncivilized community that posed a direct threat to the American government. Primarily, Dale Van Every, an American writer, argues that the “forces that led to removal did not come ... from the poor white frontiersmen who were the neighbors of the Indians. They came from industrialization … and the greed of businessmen” (Zinn 136). The tribes, therefore, did not pose threats to neighboring Americans but were rather simply an obstacle to the rapidly expanding American. Secondarily, many Native American tribes had actually become increasingly civilized (or increasingly American) by the passing of the act. A good example of a Native American tribe whose advancements were discredited by biased

Throughout history, Native Americans faced atrocity after atrocity at the hands of white settlers and losing their land and most of their people was only one of them. During the nineteenth century, the United States’ population boomed, causing people to start to move west in search of riches and vast lands in the “wild west.” However, as white settlers moved west, they started to encounter more and more Native American lands. The white settlers wanted to be able to settle on their lands, claiming that they were “misusing” the land and claiming that the Native Americans were “uncivilized.” The white settlers pled their case to the United States government to forcibly remove the Native Americans and get the rights to their lands. Andrew Jackson,

In the 1830’s America was expanding its border and completing manifest destiny. The one thing standing in the way of Americans moving west was the Native Americans. President Andrew Jackson had a dilemma on his hands. Jackson wanted to create a plan that would make everyone happy. But in the end, Jackson had the Native American removed from their land and led to the “Trail of Tears” where many Native Americans would lose their lives. Looking at the articles by F.P Prucha, Mary E. Young and Alfred A. Cave each one says that the Indians needed to be removed from their land for a different reason.

Robert V. Remini argues that Andrew Jackson’s Indian Removal Act of 1830 was socially motivated by humanitarian impulses, and that Jackson’s actions where driven by the desire to save the culture and populace of the Native

In 1830, congress passed The Indian Removal Act, which became a law 2 days later by President Andrew Jackson. The law was to reach a fairly, voluntarily, and peacefully agreement for the Indians to move. It didn’t permit the president to persuade them unwillingly to give up their land by using force. But, “President Jackson and his government

Long ago on the great plains, the buffalo roamed and the Native Americans lived amongst each other. They were able to move freely across the lands until the white men came and concentrated them into certain areas. Today there are more than five-hundred different tribes with different beliefs and history. Native Americans still face problems about the horrific history they went through and today 's discrimination. The removal of American Indian tribes is one of the most tragic events in American history. There are many treaties that have been signed by American representatives and people of Indian tribes that guaranteed peace and the values of the Indian territories. The treaties were to assure that fur trade would continue without interruption. The American people wanting Indian land has led to violent conflict between the two. Succeeding treaties usually forced the tribes to give up their land to the United States government. There were laws made for Native American Displacement that didn’t benefit the Native Americans, these laws still have long lasting effects on them today, and there was a huge number of Native Americans killed for many reasons.