The Indian Removal Act of 1830 was a direct consequence of the Trail of Tears, an unfortunate event that impacted both American and Cherokee history. This legislation mandated the transfer of Native Americans from the eastern to the western side of the Mississippi River. Its primary objective was to relocate American Indians residing in Alabama, Georgia, Tennessee, and North Carolina to Oklahoma (Marsico 67).
In the early 19th century, England and Spain held significant portions of western territory. This control was seen as a threat to the United States. To address this concern and accommodate the growing population while protecting Americans from European influence, President Jefferson proposed creating a buffer zone. This zone would be inhabited by Native American tribes and allow for the expansion of American territory up to the Mississippi River. As a result, over 40 treaties were negotiated with various Native American tribes such as Chickasaw, Creek, Seminole, Choctaw, and Cherokee. These agreements involved the transfer of land to the USA (Ehle 14).
Prior to 1791, the USA and the Cherokees in Georgia had established several treaties that acknowledged the Cherokees’ sovereignty and autonomy. However, these agreements were not successful, leading to some Cherokees being displaced and finding refuge in Arkansas’ northwestern territory. Consequently, due to multiple land cessions, the Cherokees decided to take a more assertive stance in 1819 by declaring their refusal to give up any more land to the USA.
The situation was further complicated by the conflict between Georgia and the Federal government (Ehle12). In 1802, Georgia decided to give up its land, including the land where the Indians lived. However, this decision didn’t change anything as the Indians continued to stay on their land based on the treaty. In 1828, a law was passed that deemed all Cherokee laws null and void by June 1st, 1830. As a result of this, the Cherokees were compelled to conduct their tribal meetings at Red Clay in Tennessee. The discovery of gold on this land intensified efforts to remove the Cherokees from their territory.
The Routes used by Indians in their movement. (Bryers45)
In the Worcester v. Georgia case, Chief Justice John Marshall ruled that Cherokee was an independent nation within the United States. However, Marshall also stated that Georgia’s state law applied to Cherokee. As a result, the white population in Cherokee had to obtain a license and be prepared to take the state’s oath of allegiance.
Some missionaries who did not follow this law were imprisoned, but because they were white, the law was modified to support them. The court favored Samuel Worcester because the state laws could not be applied to a sovereign nation like the Cherokee. As a result, Worcester was freed from prison. The Cherokee embraced elements of white culture but were unsuccessful in preventing their forced relocation (Bryers78).
A faction called the Treaty Party, consisting of Cherokees, engaged in discussions with the federal government to negotiate multiple treaties. Leading this group was Major Ridge, accompanied by his son John, also known as Boudinot, and his brother Stand Watie. Within the treaties, they agreed to sell Cherokee lands for a sum of $5 million. A small portion of the Cherokee population agreed to relocate to the Indian Territory.
