(7) Indian Removal and Trails of Tears Explained

Overview of Indian Removal Policy

  • Indian Removal refers to the forced displacement of Native Americans from their ancestral lands, primarily to allow for American westward expansion.

Historical Context

  • Initial Displacement: The policy predates the Trail of Tears and often faced resistances, evident from historical events leading up to the 19th century.

  • 1763 Treaty of Paris: Ended the French and Indian War, resulting in loss of French trading relationships for Native Americans and opening Native lands to American settlers.

  • Proclamation Act of 1763: Issued by Britain to protect Native lands from encroachment; however, British troop support waned as American settlers began westward expansion.

Key Treaties and Conflicts

  • 1783 Treaty of Paris: Concluded the American Revolution, granting the U.S. land to the Mississippi River without Native American consent. The Proclamation of 1763 was nullified.

  • Northwest Ordinances: Enabled the establishment of new states but paved the way for land loss for tribes like the Miami Confederacy.

  • Battle of Fallen Timbers (1794): The U.S. army defeated Native forces, leading to the Treaty of Greenville (1795), which ceded significant territory to the U.S.

  • Louisiana Purchase (1803): Doubled U.S. territory and led to further conflict over land, increasing pressure on Native American communities.

  • Tecumseh and the Prophet: Led a resistance movement to unite tribes against U.S. expansion, receiving British support until their defeat at the Battle of Tippecanoe (1811).

  • First Seminole War (1816): Andrew Jackson led incursions into Spanish Florida, leading to Spanish cession of Florida to the U.S. in the Adams-Onís Treaty (1819).

The Five Civilized Tribes

  • Included the Cherokee, Choctaw, Creek, Chickasaw, and Seminole, recognized for their adoption of certain American cultural practices, which ultimately did not protect them from land loss.

  • The discovery of gold on Cherokee territory in 1828 increased pressures for land seizure by the state of Georgia, which began auctioning Cherokee land.

Cherokee Resistance

  • John Ross: Led the Cherokee, advocating for rights through legal means and petitioning Congress amidst increasing hostility from the state government.

  • Indian Removal Act of 1830: Signed by Andrew Jackson, facilitating forcible relocation of tribes to lands west of the Mississippi.

  • Court Cases:

    • Cherokee Nation v. Georgia (1831): Supreme Court ruling declared Cherokee a domestic dependent nation but refused to hear the case on grounds of jurisdiction.

    • Worcester v. Georgia (1832): Supreme Court ruled in favor of the Cherokee, stating Georgia laws did not extend to Native lands.

Andrew Jackson's Response

  • Allegedly, Jackson disregarded the Supreme Court ruling, refusing to act in favor of Cherokee interests.

  • Worcester v. Georgia (1832), which ruled that Georgia laws did not extend to Native lands and supported Cherokee sovereignty, Jackson refused to act in favor of Cherokee interests. This dismissal of the Court’s authority exemplified his commitment to the Indian Removal policy, leading to the forced relocation of the Cherokee and other tribes.