Trail of Tears
Analyze the reasons for the removal of Cherokee Indians 8.5G
Essential Question: What were the reasons for the removal and resettlement of Cherokee Indians during the Jacksonian Era?
What Was Going On Between American Settlers and American Indian Nations in the Jacksonian Era?
What Were the Policies?
2. Indian Removal Act - In 1830, this act gave the President the power to negotiate removal treaties with Indian tribes living east of the Mississippi. Under these treaties, the Indians were to give up their lands east of the Mississippi in exchange for lands to the west. Those who wished to remain in the east would become citizens of that state.
**This removal was supposed to be peaceful and voluntary. Some tribes agreed to the treaty and it was peaceful. However, the southeastern Indian nations resisted. When they did, President Jackson forced them to leave.
Worcester v. Georgia
- The Cherokee tried to protect their rights legally from settlers. They wrote a constitution declaring themselves to be a sovereign nation. The state of Georgia (where their nation was) did not recognize their sovereign status, but saw them as tenants living on state land. The Cherokee took this issue to the Supreme Court, which ruled against them.
- In 1830, Georgia law prohibited whites from living on Indian territory after March 31, 1831 without a license. This law was created to justify removing white missionaries who were helping the Indians resist their own removal. The Cherokee took this back to the Supreme Court, and this time it ruled in their favor. The Court stated that the Cherokee had the right to self-government, and declared Georgia's law unconstitutional.