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[[File:Trails_of_Tears_en.png|left|thumbnail|300px|left|Map showing the trails that Native Americans were forced to follow during Indian Removal]]
The Trail of Tears was a series of forced Indian removals by the United States government during, but the removal of the Cherokee nation from Georgia, Tennessee, and Alabama is the most famous of these forced marches. While the Cherokee removal is the relocation that is most often associated with the Trail of Tears, but it was not the only one. The Seminoles (1832), the Choctaw (1830), the Chickasaw (1832), the Creek (1832), the Fox (1832), the Sauk and the Cherokee (1835) were all removed from their ancestral lands. Each of these removals resulted an appalling loss of life. ====US Treaties with Native Americans====The U.S. Government used treaties as one means to displace Indians from their tribal lands, a mechanism that was strengthened with the Removal Act of 1830. In cases where this failed, the government sometimes violated both treaties and Supreme Court rulings to facilitate the spread of European Americans westward across the continent. As the 19th century began, land-hungry Americans poured into the backcountry of the coastal South and began moving toward and into what would later become the states of Alabama and Mississippi. Since Indian tribes living there appeared to be the main obstacle to westward expansion, white settlers petitioned the federal government to remove them. Although Presidents Thomas Jefferson and James Monroe argued that the Indian tribes in the Southeast should exchange their land for lands west of the Mississippi River, they did not take steps to make this happen. Indeed, the first major transfer of land occurred only as the result of war. ====Native Americans faced increasing pressure from Western Expansion====In 1814, Major General Andrew Jackson led an expedition against the Creek Indians climaxing in the Battle of Horse Shoe Bend (in present day Alabama near the Georgia border), where Jackson’s force soundly defeated the Creeks and destroyed their military power. He then forced upon the Indians a treaty whereby they surrendered to the United States over twenty-million acres of their traditional land—about one-half of present day Alabama and one-fifth of Georgia. Over the next decade, Jackson led the way in the Indian removal campaign, helping to negotiate nine of the eleven major treaties to remove Indians. Under this kind of pressure, Native American tribes—specifically the Creek, Cherokee, Chickasaw, and Choctaw—realized that they could not defeat the Americans in war. The appetite of the settlers for land would not abate, so the Indians adopted a strategy of appeasement. They hoped that if they gave up a good deal of their land, they could keep at least some a part of it. The Seminole tribe in Florida resisted, in the Second Seminole War (1835–1842) and the Third Seminole War (1855–1858), however, neither appeasement nor resistance worked. From a legal standpoint, the United States Constitution empowered Congress to “regulate commerce with foreign nations, and among the several States, and with the Indian tribes.” In early treaties negotiated between the federal government and the Indian tribes, the latter typically acknowledged themselves “to be under the protection of the United States of America, and of no other sovereign whosoever.” When Andrew Jackson became president (1829–1837), he decided to build a systematic approach to Indian removal on the basis of these legal precedents.
====Why Remove Native Americans?====
Native Americans also held some of the farmlands in the Southeast United States. Several of these tribes had already begun to farm these lands and earnest and make them productive. Both states and settlers wanted to seize these agricultural lands from the Native Americans. The states, such as Georgia, cared little that Native Americans had placed farms on these lands, purchased slaves, or built homes. The tribes did not recognize the states authority over their lands, because they viewed themselves as independent nations.
To achieve his purpose, Jackson encouraged Congress to adopt the Removal Act of 1830. The Act established a process whereby the President could grant land west of the Mississippi River to Indian tribes that agreed to give up their homelands. As incentives, the law allowed the Indians financial and material assistance to travel to their new locations and start new lives and guaranteed that the Indians would live on their new property under the protection of the United States Government forever. With the Act in place, Jackson and his followers were free to persuade, bribe, and threaten tribes into signing removal treaties and leaving the Southeast.
====Andrew Jackson and The Removal Act 0f 1830====
The first piece of legislation passed after Jackson took office was the 1830 Indian Removal Act. The 1830 Act was just a first step in a long process that forced Native American off their land to make way white settlers.
====Cherokee Legal Opposition====
The Cherokee Nation resisted, however, challenging in court the Georgia laws that restricted their freedoms on tribal lands. In his 1831 ruling on Cherokee Nation v. the State of Georgia, Chief Justice John Marshall found declared that the court lacked jurisdiction “the Indian territory is admitted to hear compose a part of the case because United States,” and affirmed that the Cherokee nation was a tribes were “domestic, dependent nation.”Cherokee Nation was not sovereign authority under Article 3 of Constitution nations” and were wards “their relation to the United States resembles that of the federal governmentIn Worcester va ward to his guardian. Georgia” However, Marshall somewhat challenged his own ruling from a the following year before the Supreme Court reversed itself and held ruled that Indian tribes were indeed sovereign and immune from Georgia laws violated . President Jackson nonetheless refused to heed the Court’s decision. He obtained the signature of a Cherokee treaties, commerce clausechief agreeing to relocation in the Treaty of New Echota, which Congress ratified against the protests of Daniel Webster and sovereign authority Henry Clay in 1835. The Cherokee signing party represented only a faction of the Cherokee nation. Georgia had created , and the majority followed Principal Chief John Ross in a law that required whites on Cherokee lands desperate attempt to register with state authoritiesSeven missionaries were arrested for being hold onto their land. This attempt faltered in Cherokee lands 1838, when, under the guns of federal troops and sentenced to 4 years hard labor Marshall created a mess with his two contradictory rulings.Did not require Georgia state militia, the law to be enforcedBest described as an effort by Marshall Cherokee tribe were forced to avoid staining his legacy without creating a direct conflict with the Executive BranchJackson refused to accept dry plains across the Worcester ruling and essentially ignored itMississippi. Became moot when Marshall died and he was replaced by Jackson ally and pro-removal Roger TaneyMissionaries were freed after a few months
====Early Cherokee Removaland the Trail of Tears====Cherokees had split on the issue of removal. Some members of the tribe left early and cherry-picked some of the best lands in Oklahoma while others resisted forced removal. Chief John Ross supported passive resistance, but it accomplished little. Martin Van Buren organized the removal of 18,000 Native Americans between 1838 and 1839. Anyone who resisted removal was imprisoned and then forcibly removed. Due to the lack of preparation and funding by the United States government, 4,000 Cherokees died from exposure, starvation, and disease on their way to Oklahoma. The Cherokees named this forced march "the trail on which we cried," aka the Trail of Tears.
====Conclusion====