The Indian Removal Act of 1830
In the early 1830s, approximately 125,000 Native Americans lived on land in Georgia, Tennessee, Alabama, North Carolina, and Florida, but by the end of the decade very few of these Indians remained in the southeastern region of the United States. Andrew Jackson supported what he had called "Indian Removal. In the year 1823 the Supreme Court declared that Indians are allowed to occupy, but they cannot hold title to the land in the United States. By 1825, the Creek, Cherokee, and Chickasaw Indians had decided to restrict land sales to the government agents. The Cherokee had attempted to assimilate into white culture by adopting their clothing, agricultural practice, and slave-holding The Cherokee tribe had also established a police force in order to prevent the sale of tribal lands by leaders. Several white settlers still believed these Indians as inferior and wanted the valuable land held by the Native Americans.
In 1829, the Georgia legislature had declared that the Cherokee council was illegal, hence the laws of the Cherokee would be void, and that the state had jurisdiction and power over both, the tribe and the land. By 1830 the Cherokee Indians were revoked of their rights to be able to take whites into courts or even testifying in cases. This issue eventually reached the Supreme Court in the case of Worcester v. Georgia, stating that the laws made by Georgia were unconstitutional. Chief Justice Marshall supported Worcester and declared that the laws were indeed unconstitutional and they could not be enforced to the Cherokee nation. Even though the court ruled this to be unconstitutional, Andrew Jackson defied the ruling and continued with the plan for Indian Removal.
In 1829, Jackson had recommended that the southeastern tribes should be removed from the area to Congress. Jackson had said that the Indians would be moved and relocated not by force but by "sympathy". By 1830, Andrew Jackson was able to successfully convince Congress to pass the Indian Removal Act. This law stated that the government would negotiate treaties for removal fairly, peacefully, and voluntarily, it did not allowed anyone to force the Native Americans to leave the land. Andrew Jackson ignored this rule and forced the Native Americans to give up their land, the Choctaw Indians were the first Indians to leave it land in the winter of 1831 due to the fact they were under threat of invasion by the United States Army.
The removal of the Indians was remembered as the "Trail of Tears" because of the high death rate of the Native Americans. In 1836 over 4,000 of the total of 15,000 Cherokee Indians travelling had died. The death of these Indians were caused by the fact that the Indians were marched in a double file line, while some were bound in chains without any help from the government, including the lack of food and supplies.
In 1829, the Georgia legislature had declared that the Cherokee council was illegal, hence the laws of the Cherokee would be void, and that the state had jurisdiction and power over both, the tribe and the land. By 1830 the Cherokee Indians were revoked of their rights to be able to take whites into courts or even testifying in cases. This issue eventually reached the Supreme Court in the case of Worcester v. Georgia, stating that the laws made by Georgia were unconstitutional. Chief Justice Marshall supported Worcester and declared that the laws were indeed unconstitutional and they could not be enforced to the Cherokee nation. Even though the court ruled this to be unconstitutional, Andrew Jackson defied the ruling and continued with the plan for Indian Removal.
In 1829, Jackson had recommended that the southeastern tribes should be removed from the area to Congress. Jackson had said that the Indians would be moved and relocated not by force but by "sympathy". By 1830, Andrew Jackson was able to successfully convince Congress to pass the Indian Removal Act. This law stated that the government would negotiate treaties for removal fairly, peacefully, and voluntarily, it did not allowed anyone to force the Native Americans to leave the land. Andrew Jackson ignored this rule and forced the Native Americans to give up their land, the Choctaw Indians were the first Indians to leave it land in the winter of 1831 due to the fact they were under threat of invasion by the United States Army.
The removal of the Indians was remembered as the "Trail of Tears" because of the high death rate of the Native Americans. In 1836 over 4,000 of the total of 15,000 Cherokee Indians travelling had died. The death of these Indians were caused by the fact that the Indians were marched in a double file line, while some were bound in chains without any help from the government, including the lack of food and supplies.