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Indian Removal Act of 1830

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jaclyn pugh

on 22 October 2013

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Transcript of Indian Removal Act of 1830

Indian Removal Act of 1830
Legislation
Fearing that they were going to lose their land in Georgia, the Cherokee tribe adopted a written constitution, declaring that the Cherokee tribe had total rule over its territory.
But, this issue had to be taken to the courts because indian removal had already become part of the states rights.
In 1823, the Supreme Court decided that the "right of discovery" was more important than the "right of occupancy", so the indians could occupy the land, but not hold title to it.
The 5 tribes were now doing whatever they could to protect what little land they had left.
Andrew Jackson became president in 1829 and passed the "Indian Removal Act", this was an act that allowed him to "negotiate with the Native Americans in the Southern United States for their removal to federal territory west of the Mississippi River in exchange for their homelands."
Judicial Review
Judicial Review gives the court the power to declare a case or act unconstitutional.
In the Worcester v. Georgia case, the Supreme Court took the side of the Cherokees. It ruled Georgia over-stepped their authority over the Cherokees. This is a case of Judicial Review because the Indian Removal and the what Georgia was doing was declared unconstitutional. The Federal Government now had authority over the indians.
Johnson v. M'Intosh was a land dispute of Native Americans against the Federal Government and influenced the act.
In the Cherokee Nation v. Georgia case, the Cherokee nation was considered a domestic independent nation. This is a case of judicial review becuase the court sided with the Cherokee Nation and declared the removal unconstitutional.
Both the Georgia cases show the independance of the Cherokee tribe. Georgia could not control the tribe, but forced removal could not be prevented by the courts.

Trail of Tears
white people wanted to use the Native Americans land as farm land, so they forced them to vacate it and settle on federal land ("indian territory") west of the Mississippi river.
This taxing journey west is know as the Trail of Tears
24% of the Indians traveling to Oklahoma did not make it there.
In the early in the 19th century the growing United States pursued expanding their land to the South, but the indiam tribes Cherokees, Choctaw, Chickasaw, Seminole, and Creek were settled there. Seeing as the Indians settling in this area was an obstacle for the United States, they turned to the federal government to solve the issue.
In 1840, general Andrew Jackson led troops to fight the creek tribe. This forced the indians to sign a treaty giving up 20 million acres of land.
Over the next 10 years Jackson made more treaties and gained more land. In the 1820's, the 5 indian tribes realized that the white people had too much power, so they sacrificed their land in an attempt to buy more time for themselves.
The final event was the Georgia gold rush. We mostly attacked Georgia in seek of obtaining gold.
Background
Civilized Tribes
The 5 indian tribes said to be the "civilized tribes" were the Cherokee, Choctaw, Creek(Muscogee), Chickasaw, and Seminole.
They were said to be civilized because they adopted the customs of the white people and had good relations with their neighbors. Examples of the cutsoms that the indians adopted would be owning slaves, dressing like white people, eating like them, practicing Christianity, and having European styled houses.
Yet still the whites thought of themselves as superior.
This genocide was thought by some to be one of the greatest tragedies in American history.
Former president Andrew Jackson signed over 70 indian removal treaties
During his office, over 40,000 indians were forced westward

Legacy
The indians were to migrate from the south to west of the Mississippi river.
Location
Affect on Native Americans in Arkansas
During the Territorial period (1819-1837) Arkansas politicians wanted nothing more than to get rid of the indians.
The removal of the Indians allowed Arkansas more farmland, which without it we would not be considered agricultural.

John Ross
He was cheif of the Cherokee nation
He fought in the Creek war with Andrew Jackson
He opposed the removal act passed by Andrew Jackson
His wife died on the trail of tears and he continued to lead the Cherokee nation until his death.
Full transcript