Removal of Indian Tribes
The Cherokee Indians began to move to Arkansas. (Historical Context) I believe the Indians were taken advantage of and had no option but to move when their land was taken away from them.
Georgia and the United States had no regard for the treaties that were put in place. The treaties changed depending on who was in office at the time, the Indians had no choice but to move and give up their land. United States v. Georgia, Chief Justice John Marshall, stated “the Cherokee nation was a domestic independent nation, and therefore Georgia state law applied to them. When Georgia continued to press the tribe for their land the “Treaty Party” began to sake treaties with the federal government to give up their land. The majority of the tribe disagreed with the New Echoed treaty where their land was sold for $5 million dollars and the tribe had to move beyond the Mississippi River. Due to corrupt government and the demands of President Andrew Jackson and President Martin Van Burden in 1 838, the Indians were “rounded up” and forced off their land and moved to other states.
On May 28, 1830 the Indian tribes had another setback by the Untied States government, where there rights were stripped away even further. President Andrew Jackson signed into awe “The Removal Act. ” This new law gave the President of the United States the authority ‘to cause so much of any territory belonging to the United States, west of the Mississippi River, not including in any state or organized territory, and to which the Indian title has been extinguished, as he may judge necessary (DB Doc 1) Greed and hatred for the Indians was the reason for them be stripped of their land.The Indians were upset and fearful that they would lose all their land. They didn’t believe any treaties or deals made by the white man would be followed through with so they took matters into here own hands. The Cherokee tribe “forced the issue by adopting a written constitution, the document proclaimed that the Cherokee nation had complete jurisdiction over its own territory. I don’t believe this helped the Cherokee tribe; it seems to have made it even more difficult to deal with the United States government.
The tribe went to President Andrew Jackson for help. Jackson’s response for the request was ‘he would not interfere with the lawful prerogatives of the state of Georgia” (DB Doc 1). The outcome was the same for the following tribes, Seminole tribe, Creek Indians, Chickasaws ND the Choctaws. The governments answer for the wrong doing was to move the Five Civilized Tribes off their land to Oklahoma say “this was a way of protecting them and allowing them time to adjust to white culture” (DB Doc 1).Due to the Removal act 70,000 Indians were moved, many Indians died during the move. In the case of Worcester v. Georgia a Vermont citizen was sent to prison for four years.
The white man once again entered on Cherokee land and tried to take jurisdiction. The treaties stated ” Congress has passed acts to regulate trade and intercourse with the Indians; which retreat them as a nations, respect their rights, and manifest a firm purpose to afford that protection which treaties to stipulate. . (DB Doc 2) The document also states all acts including the act of 1802 are in full effect and “Indian nations as distinct political communities, having territorial boundaries, within which their authority is exclusive, and having a right to all lands within those boundaries, which is not only acknowledged but guaranteed by the United States… ” That being said believe the state of Georgia had no rights over this defendant.
Georgia has not rights on the land or people.Therefore ‘the Acts of Georgia are repugnant to the Constitution, laws, and treaties of the United States. “. (DES Doc 2) That being said the judgment against Worcester was reversed. In 1810 the confrontation between Outcomes and William Harrison at Viennese, Indiana leads to more lose of land for the Tribes. The signing of the Treaty of Greenville, which took more of the Indians land from them was intended to make things work easer for Tribal members and settlers. During that time frame additional treaties (Treaty of Groundless and Treaty of Viennese) were signed.
More land was given to Americans but still “resulted in an easing of tension by allowing the settlers into Indiana and appeasing the Indians with reimbursement for the lands the settlers were squatting on”. (DB Doc 3) Statements by Chief Outcomes leads to further verification that the Indians felt wronged in the swapping of their land. Outcomes states “we gave them forest-clad mountains and valleys full of game, and in return what did they give our warriors and our women? Rum, trinkets and a Doc 4) Based on the maps presented there is further proof that he Cherokee Tribe was losing more and more land to United States.The original extent of the Cherokee claims give the Tribe land in following states West Virginia, Virginia, North and South Carolina, Georgia, Alabama, Tennessee, Kentucky and Mississippi. (DB Doc 5) The Cherokee lands before the removal in 1 838 was much less only in Alabama, Georgia, Tennessee and North Carolina. (DB Doc 5) During the removal of the Cherokee Indians several different routes were used to get the Tribes out more quickly. Land routes and water routes were used to remove the Indians.
Map of the Cherokee Removal Routes prove that the white man wanted the Indians off the land as soon as possible.The land routes could be used during times that water routes could not be used because of inclement weather. (DB Doc) The timeline proves that times were tough for all tribes, it shows that the Cherokees were in deed removed from their land and forced to give up the land even after the united States government promised treaties. “May 1838, Cherokee round up begins”. (DB Doc 7) Thousands and thousand of tribal members die during the years of the Trail of Tears. ‘July 1838, 1500 Cherokees die in confinement. March 1839, Last group headed by Ross, reaches Oklahoma.
More than 3000 Cherokee die on The Trail of Tears, 1 600 in stockades, and about the same number en route. 800 more die in 1839 in Oklahoma. ” I believe if the Indians had not been wrongfully forced off their land there wouldn’t have been the thousands of fatalities. Looking threw the eyes of the Cherokee Tribe in the poem “The legend of the Cherokee Rose” I believe even more how wrong it was to rob them of their land. Cherokee Indians followed their obligations of treaties that were made with the United States government, the government should have let the Indians live free on their land as they promised.The Tribe was very bitter with the white man for there actions. ‘ ‘They slaughtered our mother and daughters.
They took our spirit and fulfilled our every fear, killed our hope, and now we walk. ” (DB Doc 8) DB Doc 9 shows the hardship the Cherokee had to face during The Trail of Tears. People were sick, young, old, male and female were forced to walk on and carry all their belonging with them. Babies were carried on there mothers back. Children had to help parents with the pets. It looks like the Indians finally gave up and just moved on.The Fifth Amendment states no person including Native Americans “be deprived of life, liberty, or property, without due process of the law.
” (DB Doc 1 0) Through out this entire paper the Indians time and time again were removed from their land illegally, killed for no reason other then for protecting their land and families, and put in constant jeopardy of illness and their well being. This was all done because of greed on the part of the United States and the white man. It is my opinion that the removal of the Indian tribes was not justified.