In 1802, the Georgia legislature signed an agreement giving the federal government all of Georgia's western land claims in exchange for the government's pledge to extinguish all Indian land titles within the state. But by the mid-1820's Georgians began doubting the government would uphold its part of the bargain. The Cherokee Indian tribe owned a substantial part of Georgia's land that had been theirs through many generations. Worried about losing their land, the Cherokee had adopted a written constitution proclaiming the Cherokee nation had complete jurisdiction over its own territory.
The potential legal arguments here were significant: Whose rights were "more" sovereign, Georgia's or the Cherokee's? Could Native Americans establish independent nations within the United States or within one of the States? When the Cherokee sought aid from newly elected president Andrew Jackson, he informed them that he would not interfere with the lawful prerogatives of Georgia, this despite a Supreme Court ruling in the Cherokee's favor! Jackson saw the solution to the problem as the removal of not just the Cherokee, but all Native Americans, to western land, a position espoused by Thomas Jefferson himself. Segregation, not cohabitation, was his response. Jackson suggested to Georgia that laws be passed so that the Indians would have to move west of the Mississippi River. Georgia did just that passing a law that stated no Native American had standing under Georgia law, i.e., no standing meant they had no legal rights and could not file a legal suit to defend themselves under Georgia law. In short, it was open season not only on Indian property but on their persons as well.
On May 26, Andrew Jackson signed the Indian Removal Act of 1830 into law. It required the forced migration of all Native Americans living east of the Mississippi River into what is now the States of Nebraska, Kansas and Oklahoma. Triggered by the Georgia - Cherokee faceoff, the law was an omnibus bill, impacting tribes from Wisconsin to Florida, New York to Mississippi. These tribes included but were not limited to the Seneca, Cayuga, Chippewa, Ottawa and Illini, the Peoria, Kaskaskia, Sac, Fox and Kickapoo, the Creek, Choctaw, Catawba, Chickasaw and Alabama, the Wyandot, Mascoutah, Menominee, Miami and Shawnee, the Oconee, Oneida, Tuscarora, Wea and Seminoles, the Munsee, Caddo, Winnebago, Piankeshaw and Potawatomi. There were to be no exceptions; everyone must go.
It was a 1, 2 punch. No standing under state law combined with federal forced exodus set the stage for the largest land swindle in US history and a forced migration of almost a hundred thousand people from all parts of the East into what was then described as the Great American Desert, territory which was already the home of other Native Americans to include the Kansa, Osage, Missouri, Kiowa, Pawnee and Comanche. The Indians did not go meekly. Three different wars were fought, a second Creek insurrection in Alabama, the Black Hawk War in Illinois - Wisconsin and the Second Seminole War in Florida. But in the end the results were the same and the Native American emigration was completed over the ensuing 20 years.
I think it almost impossible to get through this book without shuddering mentally a couple of dozen times. It's a little bit difficult to accept the fact that the United States treated people in such an abjectly cruel and horrid fashion but after reviewing the bibliography one has no doubt it occurred in the fashion stated. Native superstition regarding steam boat transportation and lack of government support for ground transport resulted in nothing less than the slaughter by forced march of young and old men, women and children. The term "genocide" truly does spring to mind. Forced to move, these people were simply not adequately provided for and these movements, which occurred over twenty years, literally became periodic and repetitive death marches. It is estimated that one quarter of all Native Americans who made the trip, approximately 25,000 people, died of starvation, cholera, fatigue and exposure. But this tragedy does not quite end with the migration. The Indians who settled in Kansas and Nebraska are removed a second time in the 1850's to make way for the transcontinental railroad.
Prior to reading Professor Jahoda's book I was only vaguely aware of this exodus and thought the Trail of Tears a single conduit for a few thousand people. But the map provided by the National Park Service, indicating the magnitude and complexity of the Trail of Tears, is quite chilling. The cities of Sandusky, Ohio, Tampa, Florida, Chicago, Illinois, Chattanooga and Nashville, Tennessee, St. Louis, Missouri, and all points in between, all played their part.
The United States received 20,000,000 acres of watered, agricultural and timber lands in exchange for 4,000,000 acres the government then thought was unfit for human life. The misery described within this book is truly heart wrenching.
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