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Trail of tears research question
The consequences of the trail of tears
Trail of tears research question
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He went to the Supreme Court and won against the US Gov’t. The Court agreed that the Cherokees had rights to the land, but the president would not back down. Then in 1835, a few renegade Cherokees wrote up a false treaty and gave it to Congress. Congress liked it so they passed the treaty by one vote; this treaty gave the Cherokees land and money in Oklahoma in exchange for their Georgia/Alabama land.
Under influence of president Andrew Jackson, the congress was urged in 1830 to pass the Indian Removal Act, with the goal of relocated many Native Americans in the East territory, the west of Mississippi river. The Trail of tears was made for the interest of the minorities. Indeed, if president Jackson wished to relocate the Native Americans, it was because he wanted to take advantage of the gold he found on their land. Then, even though the Cherokee won their case in front the supreme court, the president and congress pushed them out(Darrenkamp).
Being one of the more “advanced” tribes, the Cherokee thought early about making sure they could do everything possible to create preventative measures against having their land taken away. Before there was a more serious federal discussion on removing the tribe, they were working hard to becoming a more “civilized” group of people to become more accepted by regular Americans and to better themselves. In order to both help their case and further the process of becoming civilized, they set up a constitution which closely resembled that of the US Constitution. In the Cherokee Constitution, it allowed them to set up an actual border around their territory and set up a government, both which were signs of earlier resistance against their removal
This issue came under the Supreme Court in two separate cases related to the declarations of the Cherokee nation (Keene, 244). In both cases, Cherokee Nation v. Georgia and Worcester v. Georgia, the Supreme Court ruled that Indians tribes had the right to govern themselves, as well as other rights typically associated with sovereign nations, but they did not have the right to sue the state of Georgia (Keene, 244). In the case, Worcester v. Georgia, Georgia had imprisoned two protestant missionaries because they were living on Indian land without a license. Chief Justice John Marshall determined that these missionaries were wrongfully imprisoned and that they were qualified for protection from the federal courts. Even more important, the Cherokee received an important triumph when Marshall supported that “the laws of Georgia can have no force” when it comes to Cherokee territory (Keene, 244).
Georgia, which regarded the ideas seen in American Progress. Samuel Worcester and other settlers were accused of residing within the Cherokee Nation without approval of the Cherokees and, also, did not abide by the Georgia state laws. Worcester’s main argument was that the statute violation he was in court for was not constitutional. The court held that the Georgia statute did in fact violate the Constitution. Chief Justice Marshall delivered the opinion, which said that because the Cherokee Nation was its own distinct nation and the laws of Georgia had no precedent and the government did not have proper authority.
Georgia (1831): This decision puts the Cherokee Nation in a sort of limbo between not being U.S. citizens but not quite their own Nation either. They were declared domestically dependent nations. This limited the state authority and gave the Cherokees the feeling of Sovereignty, but in reality the federal government still had full authority. • Worcester v. Georgia (1832): It was ruled that Georgia did not have any authority over the Cherokee land.
The Indian Removal Bill, supported by President Andrew Jackson, was cordially challenged by the Cherokee in what became a Supreme Court case. The Court ruled in favor of the Cherokee and declared that the state laws of Georgia had no jurisdiction of the Cherokee. However, the Treaty of New Echota signed by Major Ridge (not the Cherokee leader at the time-John Ross was) which led to the eventual eviction of the Cherokee. Their battle was one of formality and progressiveness yet was not ultimately
This evidence supports my subclaim because the original amount of land that the Cherokee Nation owned was taken away over time by white settlers. Document 2, “Cherokee Nation of Indians, Letter to Congress, February 22, 1838. Printed in The Vermont Telegraph newspaper on April 4, 1838” is the most reliable document showing discrimination because it was written by members of the Cherokee tribe who clearly state forms if
Cherokee Nation versus Georgia In the Indian Removal Act, there were three sides to whether or not the Cherokee Nation should have their land taken from them. There was the state of Georgia, the Supreme Court, and the Cherokee Nation. In the end, it was up to the Supreme Court to decide if the Cherokee Nation was a foreign state or not, but this did not stop the state of Georgia as well as the Cherokee Nation from expressing their views on why or why not the Cherokee Nation should be considered a foreign nation. Georgia believed that the Cherokee Nation was not a part of the United States.
The case of Cherokee Nation V Georgia was a very important one. For a long time the Cherokee Nation lived in Georgia for hundreds of years. The Cherokee Nation has helped shape our country. When Hernando de Soto came to what is now the United States, he encountered at least three Cherokee Native American tribes. In the year of 1711, the English have given firearms to the Cherokees in exchange for their help in fighting the Tuscarora in the Tuscarora War.
In May of 1830, President Andrew Jackson signed The Indian Removal Act into law.32 This law allowed the president to grant lands west of the Mississippi in exchange for tribal lands within State borders. Few Natives moved peacefully, most resisted the new relocation policy.35 Approximately 125,000 Natives of the ‘Five Civilized Tribes’ – Chickasaw, Choctaw, Creek, Seminole and Cherokee, lived on the millions of acres in Georgia, Tennessee, North Carolina and Florida.36 As new settlers were flooding into the United States, prime farm land was coveted by them.37 Georgia passed laws limiting Native Peoples sovereignty and rights and the Natives used the courts to regain their rights.38 In a few cases, such as Cherokee Nation v. Georgia (1831)
The Cherokees lost. The Cherokees felt cheated in the Georgia state court, so they appealed to the Supreme Court. John Marshal is the Chief Justice, and the Cherokees win. However, Georgia’s not done, they
The year 1838 was the beginning of a dreadful tragedy in America’s history which in turn led to the deaths of 4,000 out of the 15,000 Cherokee as they made the 1200 mile journey on what is infamously known as The Trail of Tears (Ehle). Initially the Cherokees, an indigenous Native American group, territory included parts of Virginia, Kentucky, North Carolina, Tennessee, South Carolina, Georgia, Alabama, Mississippi, and the southern Appalachian Mountains (Ehle). A lot of the original Cherokee territory was taken and sold by the U.S. Government. In fact, when Andrew Jackson became president in 1828, he made a lot of profit from selling Cherokee territory to the people (Purdue). This could have encouraged him to pass laws to remove the Cherokee to Missouri as well as the discovery of gold fields in northwest Georgia (Gilbert).
Andrew Jackson disobeyed a direct order from the Supreme Court, which it means he was above the law. I really wonder how Americans tolerated him, at that time, he was cruel to the Indian common man. Because of him, the Native Americans have the worst end of the Trail of Tears. They are the ones who are forced out of their traditional homes and sent away on a journey of pain and death. Those who had fallen ill, most of the time died, and those who had the will to move on were able to make it to the end and start new lives.
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.