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Social Disparity In The Cherokee Nation V. Georgia
In spite of the fact that law capacities to advantage society it can likewise reflect and strengthen the social disparity found in bigger society.
American history is loaded with case of two related parts of law and imbalance. The utilization of law to encourage social disparity and the effect of
disparity on the causes of law and the operation of the lawful framework. The Cherokee Nation v. Georgia, (1831) The US Supreme Court, in
Cherokee Nation v. Georgia, 30 U.S. 5 Pet. 1 1 (1831) declared the Cherokee people to be a "dГ©pendent domestique nation," allowing a policy of
separatism through the reservation system The Cherokee individuals had lived in Georgia and what is currently the southeastern Joined States for
many years. In 1542, Hernando... Show more content on Helpwriting.net ...
Georgia (1831) and the Lilly Ledbetter Fair Pay Act, Multiculturalism plays a big part in it because the first is acknowledgment, its assorted qualities in
a given society or association. For a very long time racial/ethnic minorities, the physically debilitated, and ladies have not been given the same
acknowledgment as others. The uneven way to deal with history and training has been an affirmation to that certainty. With acknowledgment ought to
likewise come regard. Appreciation is the procedure whereby the other is treated with regard, cordiality and empathy in a try to defend the
trustworthiness, poise, quality and social worth of the person. It implies treating individuals the way they need to be dealt with. Admiration and
acknowledgment are not the
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Negative Effects On Native Americans
Since the migration of Europeans to the New World relationships with Native Americans tended to be tense and exploitative. With time the white
Americans were able to wear down the Native tribes through growth of population along with the rise of advance technology. These advancement
often led to bloodshed between the two groups as they fought over the land and survival. The Indians were also greatly affected by the many new
disease brought to the New World from the Europeans. The government and the American people were looking for a permanent solution towards the
Native Americans. President Andrew Jackson created and submitted the policy of Indian removal to the west of the Mississippi River to Congress. The
Indian Removal Act gave the... Show more content on Helpwriting.net ...
Education was also highly valued as they established schools, which helped teach English. Despite their efforts the Cherokee were under great pressure
to move west and to hand over their ancestral lands. Following American practice of filing a lawsuit against the grievances of the state they turned
towards the United State Supreme Courts to give them relief against the actions taken by Georgia.
The first serious attempt by the Court to define the federal government's relationship to Indian nations was Johnson v. Mclntosh in 1823. Chief Justice
Marshall developed the theory of Indian subservience to the federal government while keeping the notion of continued Indian autonomy, also reasoning
that conquest gave the white man ownership and title to Indian lands. (S 66) This created a relationship that held the Native Americans in a lesser role
under the supervision of the federal government. This was a power not to be abused but rather to help regulate the interactions between Native
Americans and the United States. The next case challenged the actions of Georgia involving George Corn Tassels, who claimed that the state had no
authority over him in the murder trial in Georgia. Usually the Native tribes had some jurisdiction over its own people and their action. They turned to
the President and the Supreme Court for protection against the state's claim of complete control over the Indian tribes. However, Georgia was not
going to allow any interference by the
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Courts Of The Conqueror Summary
The Native Americans have a long history and tension with the American people. From the French and Indian war, which saw the indians pitted against
the British colonists, to nineteen –twenty– four, when they finally gained citizenship, it was an uphill battle. The settlers turned Americans broke
many agreements with the Natives, such as the selling of reservation land by the government or the declaration that tribes were dependent nations
rather than foreign nations. In the cases presented to the Supreme Court by Native American tribes were often in favor of the white man, which
disregarding the needs of the Natives. In chapter five of the book, In the Courts of the Conqueror, it focuses on the court case of Cherokee Nation v.
Georgia. The people of the state of Georgia wanted the land that was the Cherokee reservation, especially after gold was found on it, so they created
laws that would run the natives out. Among these laws was the Compact of 1802, which voided the Treaty of Hopewell stating the land belonged to
the Cherokee people for all time, giving Georgia possession of the land. Twenty– four years later, a law was placed that stated that " No Indian... shall
be deemed a competent witness, or a party of any suit, in any court," ( Echo–Hawk 96). Following the harsh martial laws being put in place, the Indian
Removal Act came in 1830. If the native people refused to emigrate westward, they were also giving up federal protection, thus giving Georgians the
right to use
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Cherokee Nation V. Georgia Case Study
The Cherokee Nation v. Georgia case is also important to talk about when trying to explain the thoughts the Supreme Court had on the status of Native
American's. This case can be seen as one of the most hateful towards an Indian tribe, as it stripped away the basic human rights of the Cherokee nation
held within their own legal tribal boundaries. Not only was the state of Georgia against the tribe but it seems as though the Supreme Court was as well.
As they ruled that the Cherokee Nation was a dependent nation of the United States and that Indian tribes were not sovereign nations according to
article three of the constitution. Again justice Marshall delivered the opinion of the court stating that 'Their (Their meaning Native Americans) relation
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Trail Of Tears Research Paper
The Trail of Tears was the result of the United States government's treatment of the Cherokee Nation. The Cherokee was the last tribe to fight for their
home in the Appalachian region of North and South Carolina, as well as in Georgia, Tennessee and Alabama. The Cherokee developed a republican
government ruled by a constitution in 1820, much like that of the U.S. Despite their organization, they could not stop the settlers push for possession of
the Cherokee territory, especially when gold was discovered on their lands in Georgia. To keep the land in their own hands, the Cherokee passed a law
that made any sale of Cherokee lands punishable by death. The state of Georgia then challenged the Cherokee assembly and declared their rule null and
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Trail Of Tears Essay
Trail of Tears The Trail of Tears is a name given to the Cleansing and forced relocation of Native American nations from Southeastern parts of
United States following the Indian Removal Act of 1830. The phrase originated from a description of removal of the Choctaw Nation in 1831. We
Cherokee Indians have lived in our lands for centuries. The white setters forcefully came into our world and had an eye on our land to grow cotton
and other crops. First they wanted to "civilize" us and "save our souls" by converting us to Christianity. Many of our people tried to comply, but they
thought of us as alien people and looked down upon us. The Choctaw, the Chickasaw, the Cherokee, the Muscogee, and the Seminole (collectively
called the Five Civilized Tribes) were living as autonomous nations in what could be called to the American Deep South. They initially started
harassing us by stealing livestock, burning and looting our houses and squatting on our land which did not belong to them. The land they coveted was
the east of Mississippi as this land was valuable for growing cotton. Several state governments passed laws limiting Native American sovereignty and
rights, even though US Supreme Court affirmed our nation to be sovereign in the case of Worcester v. Georgia (1832). In Cherokee Nation v. Georgia
(1831), the Supreme Court ruled the Cherokee nation was not sovereign and independent nation, and even refused to hear the case. Tensions between
Georgia and
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The Cherokee Indians By Hernando De Soto
The Cherokee Indians lived in North American far longer than any other British decent or human being. Still they were compelled to move from their
property (land), which was done in a fierce way, which had been theirs for quite a long time and hundreds of years. This excursion of evacuation was
known as the Trail of Tears, and this paper will demonstrate the impacts this moved had on the Cherokee individuals. It will let you know how they
lived before they were compel to moved, clarify the occasions that prompted to their evacuation, states of their travel, and what happen to the
Cherokee individuals after the Trail of tears. The local individuals of North America lived in peace for a long time. Nevertheless the lives of the Native
America came to a shocking stop in 1540. This was the year that Hernando De Soto came into contact with the local individuals of North American. The
locals, known as Indians, would interact with pioneers from around the globe that need their property for themselves or their nation. The local would
inevitably embrace a portion of the outsiders ' ways. They would even venture to battle in a portion of the pioneer wars. This was demonstrated not to
be a smart thought for them on the grounds that in the event that they were on the losing side, the outcomes were the lost of their property. Through the
nineteenth century around one hundred thousand Indians were compel to move westbound far from their territory. There were five Indian tribes that
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Worchester Vs Georgia Research Paper
Matthew Guglielmo
Research Paper
Mr. Chwick
United States History and Government
Decisions that the Supreme Court makes are reflections that we live in. Oliver Wendell Holmes Jr. once used the metaphor of "magic mirror" to
describe the law because it reflects the assumptions, attitudes, and priorities of each generation. The decisions that the Supreme Court has made over
the years reflects the thoughts and attitudes of the people of that current time period. In this research paper we will use the cases of Worchester v.
Georgia and Cherokee v. Georgia to show how the Supreme Court interpreted the rights of the Native Americans and how the decisions were influenced
by that current time period.
The precursor of the two Supreme Court cases that we are discussing started in 1828 when Georgia developed laws to take away the basic human
rights of the Cherokee Indians. The laws also said that the Cherokee could be removed from their lands. The Cherokee nation said in ... Show more
content on Helpwriting.net ...
There was a group of missionaries that lived on Indian and they refused to get a special license. The missionaries supported the Cherokee Indians'
stance against Georgia laws that they should not be removed from their land. Missionary Sam Worcester and his wife along with five other
missionaries refused to move from Indian Territory or apply fro a special license. The army came and arrested them. After Worchester was arrested, he
appealed to the Supreme Court saying his constitutional rights were violated. Worcester and the other missionaries were convicted of living on the
Cherokee land without a special license. They were sentenced to four years of hard labor. Worcester and the other missionaries were kept in prison
until 1833. The court decided that the law under which Worcester was prosecuted violated the constitution, treaties and the laws of the United
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Removal of Indian Tribes in 1700
No, I do not agree that Georgia and the United States were justified in forcing the Indian tribes to leave their homeland and move to the Oklahoma
territory. I believe the Tribes were taken advantage of and abused by the states whenever possible.
In 1971 the Cherokee tribe was in the process of making treaties with United States. The state of Georgia recognized the Cherokee tribe as a nation
allowing them to make their own laws and follow their native customs. In the late 1700's their land started to be invaded by the white man. The
Cherokee Indians began to move to Arkansas. (Historical Context) I believe the Indians were taken advantage of and had no option but to move when
their land was taken away from them. Georgia and the United ... Show more content on Helpwriting.net ...
Georgia has not rights on the land or people. Therefore "the Acts of Georgia are repugnant to the Constitution, laws, and treaties of the United States.".
(DBQ Doc 2) That being said the judgment against Worcester was reversed.
In 1810 the confrontation between Tecumseh and William Harrison at Vincennes, Indiana leads to more lose of land for the Tribes. The signing of the
Treaty of Greenville, which took more of the Indians land from them was intended to make things work easer for Tribal members and settlers. During
that time frame additional treaties (Treaty of Grouseland and Treaty of Vincennes) were signed. More land was given to Americans but still "resulted in
an easing of tension by allowing the settlers into Indiana and appeasing the Indians with reimbursement for the lands the settlers were squatting
on".(DBQ Doc 3)
Statements by Chief Tecumseh leads to further verification that the Indians felt wronged in the swapping of their land. Tecumseh states "we gave them
forest–clad mountains and valleys full of game, and in return what did they give our warriors and our women? Rum, trinkets and a grave."(DBQ Doc 4)
Based on the maps presented there is further proof that the Cherokee Tribe was losing more and more land to United States. The original extent of the
Cherokee claims give the Tribe land in following states West Virginia, Virginia, North and South Carolina, Georgia, Alabama,Tennessee, Kentucky and
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Dbq Indian Removal Act
The Indian Removal Act was passed in congress on May 28, 1830, it was passed by only one in congress. The act was then signed by the president at
that time Andrew Jackson. The Indian Removal Act gave Andrew Jackson the ability to negotiate with the Indian tribes for their removal from the
southern United States to move to an area west of the Mississippi river. This act resulted with the removal of 5 major Indian tribes; the tribes affected
were Cherokee, Choctaw, Chickasaw, Creek, and Seminole. These tribes were forced to move from their native lands to areas owned by federal
government west of the Mississippi River many of these natives experienced harsh treatment and conditions on the way to their new territory. The
conditions were so ... Show more content on Helpwriting.net ...
Georgia. This case involved Georgia passing a law that stated that prohibited people who were not Indian from living in Indian Territory. When a
missionary named Sam Worcester was discovered living in Cherokee territory the state of Georgia tried to force him out of the Cherokee Nation so
Sam Worcester filed a suit along with the Cherokee Nation. The Cherokee Nation claimed that the state of Georgia over stepped their boundary by
trying to enforce state laws in the Cherokee's territory. The case eventually made it to the Supreme Court. The Supreme Court ruled in favor of
Worcester stating that the laws of Georgia have no jurisdiction in the Cherokee's Territory. The court also ruled that the law passed by Georgia violated
treaties between the United States and the Cherokee Nation and also that the law violated the 14th
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History Of The Cherokee Indians
`The Cherokee Indians were a very modern group of Native Americans; they had successfully blended into the American way of life. For example,
they made their government like the American way, translated the Bible, and even used American rules for owning property. Life for the Cherokee
nation seemed to be going well, but in 1832 they would have to fight for their land. Gold was discovered in Georgia, so Georgians wanted to force
the Cherokee Indians out, so they would have more gold. The Cherokee Indians fought in a nonviolent way; they sued. "In Worcester v. Georgia
(1832), which followed a similar case from the ear before, Cherokee, Georgia, the Supreme Court ruled that the Cherokee nation was a sovereign nation
and that the state of Georgia
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The Indian Removal Act Essay example
Indian Removal Act In 1830, the Jackson administration instated the Indian Removal Act. This act removed the Native Americans from their ancestral
lands to make way for an increase of additional American immigrants. This act forced many Native American tribes from their homes including five
larger tribes, Cherokees, Chickasaws, Choctaws, Creek, and Seminole. These tribes had populations were estimated to be around 65,000 people strong
that lived in North Carolina, Georgia, Florida, Alabama, and Mississippi. (Foner, 2012) The American Indians fought for their rights and beliefs
through the American court system. Their other objective other than fighting for their rights was but in the end, they were forced out of their homes to
move... Show more content on Helpwriting.net ...
When the Georgia government realized that Worcester was helping theCherokee, they arrested him a total of three times; the last time, he was
convicted along with other missionaries and sentenced to four years in prison. The Cherokee tribe had paid a lawyer to represent Worcester in his
case Worcester v. Georgia in the U.S. Supreme court. The Supreme court ruled in Worcester's favor declaring that the Cherokees possessed the right
to live free from the state's trespasses. Even though the Supreme Court ruled in Worcester's favor, Georgia ignored the ruling and did not remove
the missionaries from prison and continued to remove Cherokees from their land. President Jackson also did not enforce the ruling and told the
Cherokee people to either leave the land or fall under Georgia's jurisdiction. (Garrison, 2004) In the end, tens of thousands of Cherokee people were
forced by federal soldiers to leave their homes a move west from Georgia to Oklahoma in what many know as the "trail of tears" (Foner, 2012)
Seminoles
Other tribes such as the Seminoles stayed in Florida and fought for their land alongside slaves that had escaped from Georgia. Georgia sent militiamen
into Florida to fight the Indians and African Americans. Hundreds lost their lives on both sides during the Seminole War from 1835– 1842. In the end,
the Seminole people were forced from their
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Manifest Destiny Research Paper
There were many country–splitting issues that characterized the United States in the 19th century. A major one of these issues was Manifest Destiny,
the belief that the United States was destined to extend its territory west to the Pacific Ocean. There were both positive and negative aspects to
expansion in the era of Manifest Destiny. Expansionism was not a good idea in the 1840's in the event that it only benefitted the Americans. There
were many Native American populations in the Midwest that were uprooted and forced to leave their homes. Problems in the Mexican government
arose as well. Although the Americans thought that Manifest Destiny was a successful movement, in actuality, it was an aggressive imperialism at the
expense of others.... Show more content on Helpwriting.net ...
Polk. James Polk was picked due to the fact that the Democrats could not agree on anyone else. On the issue of Texas, Henry Clay lost the election
and James Polk won. As president, Polk laid out a four point plan and achieved all four points in four years. The points in this plan was to lower
the tariff, restore an independent treasury, to settle the Oregon Dispute, and to acquire California. Polk wanted California but that was a problem
due to strained U.S. and Mexican relations. Texas claimed its Southern boundary to be the Rio Grande and not the Nueces River like Mexico said.
Polk had to defend Texas. The U.S then sent John Slidell to Mexico City as an envoy and instructed him to buy California for $25 million. Once
John Slidell arrived, the Mexican government refused to see him. Now that Polk is frustrated, he forced a showdown. On January 13, 1846 Polk
ordered 4000 men, under Zachary Taylor's command, to march from the Nueces River to the Rio Grande thus irritating the Mexican troops. On April
25, 1846 the Mexican troops crossed the Rio Grande killing and wounding 18,000–40,000 soldiers. Then on February 2, 1848 the treaty of Guadalupe
Hidalgo ended Mexican–American War. Mexico decided to give up all claims to land from Texas to California for $15 million. Not all American
citizens supported the war, there were many individuals who were against to it. Henry
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Essay On Indian Removal
Throughout history, the Native people of America have repeatedly experienced hardships which led to the deterioration of their culture. In Georgia in
the year 1802, the Cherokees were involved in a conflict with the settlers of the land due to the Georgians wanting to expand and longing to have the
land to themselves. This brutality and greed then led to the Indian removal from this land. Within these points in history that natives are pushed out of
Georgia was led by political and social acts ranging from laws and acts being passed along with whites invading the Cherokees land. In 1802, the state
of Georgia forced the removal of Indians from their land but the federal government and state government had to negotiate before this went into... Show
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We see the Government trying even harder to move them by referencing from the act that was passed on the 2nd of December, 1835 in which it states
"that it would be a strong inducement to them to treat with the General Government, and consent to a removal to the west" (Memorial of Protest of the
Cherokee Nation, pg. 85). This all derived from The Indian Removal act which was put into action on May 28, 1830 even though this act was
passed in the 1830s it did take some time for it to go into effect but we can see things start to heat up. During this time the State of Georgia passed a
law that required for all white man who live in Cherokee country to take an oath of allegiance to the state of Georgia. We can say that they did this to
have them on their side and guilt them into thinking they are doing the right thing when removal finally comes, this can also derive from the
Worchester v. Georgia case which only happened four years ago so the Government doesn't want a repeat of this and to know that whoever lives in
Cherokee country is on their side not the Cherokees
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Indian Removal Act Of 1830
"It gives me pleasure to announce to Congress . . . the removal of the Indians beyond the white settlements is approaching to a happy consummation"
(Jackson, 1830, para.1). With promises of new lands, protection, and monies, President Andrew Jackson portrays the Indian Removal Act of 1830 as
beneficial to Indians, wherein governmental financial gain is incidental. However, when considering land transactions and gold discoveries, the true
beneficiaries are revealed. While strengthening the States' white population, wealth, and power, the Indian Removal Act dispels previous treaties that
ensure Indian ancestral territorial boundaries; and it ultimately facilitates the forced relocation where thousands die of starvation and exposure.
Proponents of the Indian Removal Act (the Act) advocate its benefits to the Indians. For instance, in his message to Congress, PresidentAndrew Jackson
(1830) explains, that as white settlements inevitably progress westward, current policy attributes to the slow annihilation of the Indians, therefore a
speedy removal protects the Indian civilizations from extinction. He goes on to explain that the Act not only provides for this speedy removal, but
provides a purchase of their current territory, endows a new extensive territory, finances relocation, and offers future support and protection; and these
offers should be "hailed with gratitude and joy" (para.4), and any "pecuniary advantages which it promises to the Government are the least of its
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Cherokee Indian Removal Analysis
The Cherokee Nation flourished in 1838 through Alabama, Tennessee, Georgia, and North Carolina. They had their own newspaper, The Cherokee
Phoenix, they grew corn and cotton, raised hogs and cattle, and they lived in log houses. The Cherokee Indians lived in peace, up until October of
1838. Cherokees were forced out of their homes and held at gunpoint by 7,000 soldiers, an order from President Martin Van Buren who was pressured
by Georgia. Eighteen thousand Indians were pressured to march from Alabama, Tennessee, Georgia, and North Carolina to the Indian territory in
present–day Oklahoma. Approximately 4,000 Cherokee Indians, mostly children and the elderly, died on this march which became known as
"Nunahi–Duna–Dlo–Hilu–I" or "trail ... Show more content on Helpwriting.net ...
It is not known how many died on the journey, but the trip was especially hard on infants, children, and the elderly. Missionary doctor Elizur Butler,
who accompanied the Cherokees, estimated that over 4,000 died–nearly one–fifth of the Cherokee population. Some slaves also died on the Trail of
Tears. In the end, the U.S. government never even paid the $5 million promised to the Cherokees in the Treaty of New Echota. The Cherokee Nation
tried to adapt to the new environment and re–established their own system of government, similar to that of the United States. John Ross was elected as
the Principal Chief of the reconstituted Cherokee Nation.
The Trail of Tears was a devastating forced march of 800 miles of the Cherokee Nation. Andrew Jackson strongly believed that the removal of Indians
from the east would benefit the nation and the Cherokees. In reality, only the United States benefited from the removal and many Cherokees suffered
and died and, in the end, did not get what they were promised. Even then the Cherokees remained strong, kept their beliefs, and continued to
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How Did Andrew Jackson Impact On Native Americans
Andrew Jackson's Impact on Native Americans When someone mentions the name "Andrew Jackson", what comes to mind? Is it the infamous Bank
War where he attempted to destroy the Second Bank of the United States? Or, is it the term "Jacksonian Democracy" and the creation of the short–lived
Whig Party? If you are a Native American, the name "Andrew Jackson" may be a painful reminder of the Indian Removal Act and the Trail of Tears. To
the Native American populous, the seventh president of the United States is a figure who brought pain and suffering to their ancestors. He was not the
"common man" often portrayed in history books who worked on behalf of all who lived in the United States. This former war hero focused on pleasing
American farmers and settlers, not the needs of Native tribes. The unfair actions that Andrew Jackson made during his presidency negatively affected
the way Native Americans were treated by the United States government throughout the nineteenth century. After he was elected president in 1828,
Andrew Jackson entered into office with a ... Show more content on Helpwriting.net ...
According to Section 8 of the Dawes Act, "the provisions of this act shall not extend to the territory occupies by the Cherokees, Creeks, Choctaws,
Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in the Indian Territory". These tribes occupied a large amount of
fertile land, perfect for American farms. In order to correct the "mistake", Congress passed an amendment in 1898 named the Curtis Act. This
abolished Section 8 of the Dawes Act, and forced the tribes who were originally omitted to follow all rules and regulations of the Dawes Act. Now, the
federal government of the United States could legally seize Native lands without consent of the tribe. At this time, the removal of Native Americans
was legal, just as Andrew Jackson had originally
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Trail Of Tears: The Indian Trail Of Tears
Trail of tears was one of a few courses along which different tribes relocated on their constrained evacuation to reservations west of mississippi. This
move was a struggle for native americans because they were forced from their land and moved to somewhere un–familar to them. Relocation from the
first Cherokee Nation started in the mid 1800's. A few Cherokees, careful about white infringement, moved west all alone and settled in different ranges
of the nation. A gathering known as the Old Settlers already had intentionally moved in 1817 to grounds given them in Arkansas where they built up a
legislature and a tranquil lifestyle. Later, be that as it may, they were compelled to move to Indian Territory. But white disdain of the
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The Indian Removal Act : The Impact Of The Indian Removal Act
One of the defining moments of President Andrew Jackson's career, if not the most significant, was the Indian Removal Act of 1830. This was a
controversial bill at the time and the impact from it is still felt today. The Indian Removal Act directly led to the displacement of thousands of Native
Americans; including four thousand deaths during the Trail of Tears, the forced march from Georgia to Oklahoma. While overt racism played a clear
role in relocating Native Americans past the Mississippi, it is possible that other factors were at play. The living conditions in many of the states
were poor for Natives and Jackson hoped that giving them a new location to live could remedy these problems while opening the land up for white
settlers. Jackson was a groundbreaking President in many regards. He was an orphan and did not come from the upper class. He was the first
President to actively campaign for votes and when elected in 1828, he would continue the previous policies for moving Native Americans to the Indian
Territory as he believed this is what the voters wanted. During this time, many Southern states restricted the rights of Indian Nations. Alabama, Georgia,
and Mississippi all stripped Native Americans of their civil rights, abolished the tribal unit, rejected ancestral land claims, and would not allow them to
vote or testify in court. Before the Indian Removal Act, Native Americans signed various treaties with the federal government in regards to keeping
their land.
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Aggressive Imperialism In The 1840's
There were many country–splitting issues that characterized the United States in the 19th century. A major one of these issues was Manifest Destiny,
the belief that the United States was destined to extend its territory west to the Pacific Ocean. There were both positive and negative aspects to
expansion in the era of Manifest Destiny. Expansionism in the 1840's was good for absolutely no one but the Americans. There were many Native
American populations in the Midwest that were uprooted and forced to leave their homes. Problems in the Mexican government arose as well.
Although the Americans thought that Manifest Destiny was a successful movement, in actuality, it was an aggressive imperialism at the expense of
others.
Andrew Jackson was a
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The Marshall Trilogy: Basis Of Federal Indian Law
The Marshall Trilogy is a term used to describe the three federal court cases that are the basis of federal Indian Law. John Marshall was the Chief of
Justice during this time and he played a significant role in these cases. John Marshall and other justices believed that Native American tribes should
be allowed to retain their independent "nations" status, and only the Federal Government would have the power to relate with them. In 1823, in the
case of Johnson v. M'Instosh, the argument was between two men who both held titles to the same piece of land. M'Intosh's was sold to him by the
government while Johnson's was sold to him by the Plankeshaw tribe. Chief Justice Marshall ruled the land did not belong to the tribe in the first
place, so they did not have the right to sell it to Johnson. The law stated that the Native Americans did not actually own the land, only the rights to live
on it, and that the discovering nation was the only one allowed to sell the land. This law is not only demeaning, but outrageously inconsiderate towards
the Native American tribes who should have been given full rights to the land in the first place. In... Show more content on Helpwriting.net ...
Georgia, a missionary named Samuel Worcester was caught preaching onCherokee lands. According to laws in Georgia at the time, this was illegal
without a permit, and so they threw him in jail. Worcester filed a law suit against the state of Georgia, stating that they did not have the authority to
control what happened within the Cherokee Nation. The courts of course sided with Worcester as the Cherokee Nation was a sovereign district and the
state had no authority there. Although the United States claims to have the best interest only for the Native American peoples with its promises of
protection and services, it also treats them like lower class citizens or foreigners who need handouts. The only thing Native American need is respect
and to have the land they deserve given over to them
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Worcester V. Georgia Case Study
In the court case Worcester v. Georgia, the U.S. Supreme Court held in 1832 that the Cherokee Indians and Samuel Worcester created a nation holding
distinct sovereign powers. This decision did not protect the Cherokees from being removed from their tribal birthplace in the Southeast.
In the 1820s and 1830s, Georgia ordered a cruel battle to remove the Cherokees, who held dominion within the borders of Georgia, North Carolina,
Alabama, and Tennessee at the time. In 1827 the Cherokees fixed an basic government. The Cherokees were not only reshuffling their government but
also declaring to the American public that they were a free nation that could not be removed without their permission. An angry Georgia legislature
responded by intending to extend its authority over the Cherokees living in the states declared boundaries. The state took over the Cherokee lands;
overthrew their government, courts, and laws; and settled a process for snatching Cherokee land and distributing it to the state's white citizens. In 1830
reps from Georgia and the other southern states pushed through Congress the Indian Removal Act, which gave U.S. presidentAndrew Jackson the
ability to debate removal treaties with the Native American tribes.
The Cherokees, led by their principal chief, John Ross, refused to remove and instead John Marshall filed with the U.S. Supreme Court an action
challenging the authority of Georgia's laws. The Cherokees disputed that the laws desecrated their chief rights as a nation and criminally interfered into
their treaty relationship with the United States. In Cherokee Nation v. Georgia (1831), the court held that it did not have the authority to strike down
Georgia's laws. In dicta that became particularly important in American Indian law, Chief Justice John Marshall wrote that the Cherokees constituted a
"private, dependent nation" that existed under the custody of the United States.
Samuel Worcester, a native of Vermont, was a pastor connected with the American Board of Commissioners for Foreign Missions (ABCFM). In 1825
the board sent Worcester to join its Cherokee mission in Brainerd, Tennessee. Two years later the board ordered Worcester to the Cherokee national
capital of New Echota, in Georgia. Upon
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Outline Of Monroe's Great Plan
Monroe's "Great Plan" President James Monroe presented a plan to Congress in 1825 written by John C. Calhoun, Secretary of War, to relocate all
eastern Indians in the western part of the United States Territory. Each Indian nation would be given its own strip of land running from the
Mississippi river to the end of the Louisiana Territory. President James Monroe This land had large herds of buffalo and was viewed by the white man
to be "too rough" for them to settle in. Calhoun had proposed relocation as the only "permanent solution" to "the Indian problem." The US government,
by the time of the Andrew Jackson's presidency, offered Native Americans a very limited number of options: acculturation, relocation, or
extermination. Congress sent General William Clark to discuss a treaty with the Indians for the Great Plains. They did not want to leave their land
because it was sacred to them since their ancestors were buried there. Andrew Jackson, the president at that time, approved the Indian Removal act
because it gave the white men more land. He believed that this would be popular with middle and lower class voters.
President Andrew Jackson
Cherokee Plight– Sad Chapter in US History
"My friends, circumstances render it impossible that you can flourish in the midst of a civilized community. You have but one... Show more content on
Helpwriting.net ...
They were removed from their homes by force and gathered into temporary forts where they lived in unspeakable conditions with little food, shelter
or water. The Cherokee Nation was then forced to travel one thousand miles mostly by foot in horrible conditions with little food and water to be
relocated by the white man to the land designated to be their "new home" by the white man.. This has become know in history as the "Trail of Tears"
since approximately 4,000 of the 16,000 total American Indians died along the
... Get more on HelpWriting.net ...
How Did The Trail Of Tears Right To Happen
Was the path of the Trail of Tears right to happen? In 1838, the U.S government forced Cherokee Indians to evacuate their lands and head down a
path to Oklahoma known as the Trail of Tears. The Trail of Tears was a journey of some exhausting travel that took many months to complete and was
immensely difficult at best. Not only did it take forever to reach the end of the trail to their designation, but many Cherokee Indians became deceased
along the way. Andrew Jackson was one of the reasons this conflict rose against the Cherokee. Andrew Jackson was not justified in forcing the five
"Civilized Tribes" off their land due to the conclusion in Worcester v. Georgia,the fact they attempted to live an American life and how civilized they
were, and ... Show more content on Helpwriting.net ...
Thomas Jefferson saw the Indians as already civilized since he was a boy. Jefferson believed they were noble people and were interested in their
culture most of his life. In a book named, Jefferson and the Indians, it states, "Jefferson, an eminent graduate, suggested instead that a
proto–anthropologist be dispatched for the study of "Indian law, customs, religions, traditions, and more particularly their languages"(Kennedy).
Noticing how the Americans wanted their lands however, the Cherokee Nation attempted to prove that they too, can handle and manage their own
lands. They wanted to be apart of the American population. Building toll–roads, ferries, working on a plantations, forming the alphabet, stopping their
ways of fishing and hunting, and even owning slaves: were some of the actions the Cherokee did to live the American life. The Cherokee soons formed
a constitution, using the reference of the United States' Constitution and created a judicial system as well as boundaries and a General Council. In an
article titled Return to the Trail of Tears , an archaeologist identified as Lance Greene, stated,"They were forming their own national government. A
large part of the population had converted to Christianity. They sang Christian hymns as they were marching. There's still an image of savage Indians
living in tepees, but maybe the Cherokee, more than anybody, made an attempt [ to acculturate ]. But ultimately it failed"
... Get more on HelpWriting.net ...
The Importance Of The Cherokee Land In America
In the 1800's tensions were rising between the whites and Indians over land. One of the Indian tribes called the Cherokee would be forced to leave
their land due to a law passed by Congress called the Indian Removal Act, which detailed the relocation of Indian tribes to a new territory. Because of
the law being passed, The Cherokee nation decided to make a strong case to the United States court for keeping their land in Georgia and North Carolina
. In their plea to the government, the Cherokee people focused preserving the land of their ancestors and reminding the United States government, they
were an independent nation whose rights should be protected under the law.
First, the Cherokee nation makes a strong case for keeping their land in Georgia and North Carolina because it was the land was of their ancestors. The
Cherokee nation expanded across the Southeastern region of North America. According to Smithers, archeologist believe Cherokees "settled in a vast
and diverse area that included the modern–day states of Virginia, West Virginia, North and South Carolina, Georgia, Alabama, Tennessee and
Kentucky." The land provided wealth and survival for the Cherokee people. Many of their families were raised and buried on this land. They
believed migrating to a new territory would be detrimental to their survival as a people. In fact, they were concerned about the original natives of the
new land and the lack of necessities for the people to survive. A Cherokee leader states "All
... Get more on HelpWriting.net ...
The Cherokee Experience In The Trail Of Tears
The Indian Removal Policy of the 1830s displaced 17,000 Cherokee Indians from their ancestral lands to reservations across the Mississippi. Justifying
his position in his decision, President Andrew Jackson stated, "Circumstances that cannot be controlled, and which are beyond the reach of human
laws, render it impossible that you can flourish in the midst of a civilized community" (Jackson). The Cherokee experience in the Trail of Tears was an
embodiment of the failings of cultural communication between the United States and the Cherokee Nation. The intercommunication that transpired
between the United States and the Cherokee people aggravated the existing conditions between the two nations and resulted in the mass displacement
of Cherokee ... Show more content on Helpwriting.net ...
Senate to halt the ratification of the treaty. Nonetheless, President Jackson pushed for the ratification and succeeded in legitimizing the fraudulent
document in 1836 (Eaton, 80). As a result, any further attempts to reclaim Cherokee land would be unaddressed. The Cherokee Nation was given two
years to voluntary leave their territory but many stayed in the hope that some justice occur and they would retain their native soil. In May of 1838, the
government used the Treaty of New Echota to justify the cruel removal of 17,000 Cherokee natives by gunpoint (Cherokee). Even through this, the
Cherokee entreated the military leaders to halt the displacement of their people.
"We, the great mass of the people, think only of the love we have to our land for we do love the land where we were brought up. We will never let our
hold of this land go to let it go will be like throwing away our mother that gave us birth." –Letter from Aitooweyah to John Ross New Echota, 1830
... Get more on HelpWriting.net ...
Cherokee Removal, Part Of The Trail Of Tears
Cherokee removal, part of the Trail of Tears, refers to the forced relocation between 1836 and 1839 of the Cherokee Nation from their lands in Georgia,
South Carolina, North Carolina, Tennessee, Texas, and Alabama to the Indian Territory in the then Western United States, and the resultant deaths
along the way and at the end of the movement of an estimated 4000 Cherokee.
The Cherokee have come to call the event Nu na da ul tsun yi ; another term is Tlo va sa ––both phrases not used at the time, and seems to be of
Choctaw origin. Removal actions occurred to other American Indian groups in the American South, North, Midwest, Southwest, and the Plains regions.
The Chickasaw, Choctaw, Creek and were removed reluctantly. The Seminole in Florida resorted to removal by the United States Army for decades
with guerrilla warfare. Some Seminole remained in their Florida home country, while others were transported to Indian Territory in shackles.
The phrase "Trail of Tears" is used to refer to similar events endured by other Indian groups, especially among the "Five Civilized Tribes". The phrase
originated as a description of the voluntary removal of the Choctaw nation in 1831.
How it began
In the fall of 1835, a census was taken by civilian officials of the US War Department to enumerate Cherokee residing in Alabama, Georgia, North
Carolina, and Tennessee, with a count of 16,542 Cherokee, 201 inter–married whites, and 1592 slaves . Tensions between the indigenous Cherokee and
... Get more on HelpWriting.net ...
Cherokee Removal Dbq
The decision of the Cherokee removal led to misplaced families, 4,000 murders committed by the United States government, and lowered the Native
Americans into a new place of powerlessness. The conclusion of the Cherokee removal that the Jackson administration had come to was an unstoppable
one. Nevertheless, the Cherokees were determined to block the Indian Removal by becoming civilized in the Americans' eyes, building their own
nation, and eventually bringing court cases and filing complaints when their people were ignored.
Once the United States had gained independence from British rule, the tension was high between the Native Americans, who were allied with the
British during the Revolutionary War, and the now Americans. Many Americans considered... Show more content on Helpwriting.net ...
The Cherokees developed their own constitution, which caused some outrage within the Cherokee community and great anger throughout Georgia.
Perhaps the Cherokee government took the idea of civilization too far, as their government and constitution were inspired by the United States'. For
example, their boundaries are outlined and regulations for running for an office are made clear. In fury, the governor of Georgia insisted that the
Cherokee Nation were gaining the dominance that laid greatly within the borders of Georgia. He also commanded President John Q. Adams to
condemn it. President Adams claimed that this constitution was a device of local government and that there was no interference between the
affiliation of the Cherokee Nation and the federal government. This created a ground for the Cherokees to stand upon, giving themselves recognition
and power. Indirectly, this was a way for the Cherokees to announce their refusal to accept the removal and let their voice be heard. This case also
represented the prejudice and lust for land that Georgia had for the tribe. After the decision of President Adams to stay neutral, the Cherokees took
advantage of their short–lived power and began to publish newspapers and hold elections for representatives under this constitution. They had an office
for principal chief and published different imprints of their laws. Still, this didn't stop the government of
... Get more on HelpWriting.net ...
Trail Of Tears
"However, murder is murder whether committed by the villain skulking in the dark or by uniformed men stepping to the strains of martial music.
Murder is murder, and somebody must answer. Somebody must explain the streams of blood that flowed in the Indian country in the summer of
1838. Somebody must explain the 4000 silent graves that mark the trail of the Cherokees to their exile" (Charles River Editors). On the Trail of
Tears, many murders were carried out. Although these murders may not have been perpetrated by one person directly, the bodies of the trials were
devastating. The Trail of Tears was a series of Indian removal over eight years which involved the Five Tribes and the abandonment of their land due
to Andrew Jackson's racist rulings... Show more content on Helpwriting.net ...
The Trail of Tears was a sequence of forced tribal removals from certain lands to another. The impact that this had on American society in the
nineteenth century is little due to the fact that most of the country was white whom had more privilege and were becoming big landowners or
plantation owners. The relocations were enforced and the Indians were required to move as a result of their want to remain as a nation. To these
tribes, family and relation was everything, so they would rather be thrown off land than become split up. Today, the Trail of Tears is important
because of the more frequent use of freedom of speech and the fights for equality from the United States citizens. It is important to address these
points in history to use as an example of what we, as a country, should avoid. A trail of tears is still happening, due to the forced deportation of people
who are not recognized as citizens of the United
... Get more on HelpWriting.net ...
Examples Of Role Playing Paper: John Marshall
Oliver Head
Dr. Judy LeForge
History 2010
19 October 2017
Role Playing Paper: John Marshall Throughout the many cases that I settled as the Chief Justice of the Supreme court I always felt that I was making
our country a better place by protecting its people and rights. This is a notion that I can stand by until my death. I have worked hard to get where I am
even though it was not my original intention.
When I first joined the military in 1775 I wasn't interested in law, but, under the horrible conditions of Valley Forge,George Washingtonappointed me
as his chief legal officer. So, my political career began, in 1780 I left the military to briefly study law until I had a firm grasp. It was during my term as
city recorder in Richmond Virginia, from 1785–1788, that the people, and partially myself, became conscious of my fair decisions made for the
common good. After the French demanded bribes of us during the XYZ affair, making fools of themselves, I was invited to join the supreme court....
Show more content on Helpwriting.net ...
Only one year later though, I finally accepted John Adams' job offer and was appointed the secretary of state. Another position I did not hold for
long because in 1801 I accepted the position of Chief Justice of the supreme court, a position I would hold until my death, after the Midnight Judges
act as Adams was leaving office. It was as Chief Justice I made the biggest difference on our country. I settled several important cases including
Marbury v. Madison, Cohens v. Virginia, and Gibbons v. Ogden. One of the most important in my time though, was the Cherokee Nation v.
... Get more on HelpWriting.net ...
Indian Removal Research Paper : Eric Powell
INDIAN REMOVAL RESEARCH PAPER
Eric Powell
American History I
April 1, 2016
The Indian culture and everything they contributed to the successful culmination of the United States has been lost in history. Many historians have
attempted to go back in time with minimal resources and reconstruct the history of Indian culture with diminutive weal. The Nation known today as the
United States of America has a foundational structure built on beliefs and forms of government that derived from Native American culture; so
extinguishing Indians from existence is nonsensical. Although it did not happen overnight the removal of the American Indians from the eastern tribes
was forced upon them because of greed, and caused extreme ... Show more content on Helpwriting.net ...
This allowed the Georgians to move into the previously secured lands of the Cherokee to dig for and retrieve the gold.
Ross argued that the Cherokee Nation had conformed to civilized culture that was forced upon them by the United States. They had given up their
old life to form new ones. The Indians now practice new religious beliefs, use industrial goods and also created a newspaper that they used to
communicate with other tribes in different areas with. Not only had they conformed to the United States traditions and their way of life, they also
signed a land treaty that allowed them to legally own the land. The Indians were given a grant to develop the land as well, and as long as they
conformed to colonial culture and made industrial improvements to the land they occupied, the Indians would be protected.
The Indians siding with the English during the American Revolutionary war cannot be overlooked. The Indians beard a heavy burden from colonist
because they sided with the English. It would not be startling to believe this fueled the initiative to remove Cherokee Nation west of the Mississippi
River. In retrospect, the Cherokee wanted to be seen as its own state so they could handle their own affairs and be self–governed while still being
under the protection of the United States. In the early 1800's the Cherokee Nation had an extremely hard time to acculturate with the citizens of the
United States. They had agreements and
... Get more on HelpWriting.net ...
Trail Of Tears Research Paper
The Trail of Tears technically happened from 1838 through 1839, but the issue actually began in the early 1830's. The reasons behind the Trail of Tear
is depressing. The Native Americans were constantly mistreated, they got pushed off land that each tribe has lived in for generations, almost every
president had an issue with the Native Americans, the aftermath of the Trial of Tears was devastating. Native Americans in the East Coast in the 1830's
were slowly thrown out of their own land that they had lived on for generations. There were many reasons for taking the Native Americans land. White
Settlers wanted to expand with growing population. There were valuable resources in these lands that have not yet been touched. White Settlers wanted
... Show more content on Helpwriting.net ...
While he was in the military he constantly had campaigns to scare off the natives. Andrew Jacksons supporters were generally southern and
western people that wanted to remove all natives west of the Mississippi River. In 1832, a group of Sac and Fox Indians led by Chief Black Hawk
crossed the Mississippi, but were forced back to the other side of the river. The Seminole in Florida had more success, it ended up beginning a war
that lasted until the 1840's. Others like the Cherokees took legal action. The Cherokee were considered one of the more civilized tribes. After the
court case Cherokee Nation v. Georgia it was ruled that Georgia has no jurisdiction over the Cherokee's. Andrew Jackson refused to enforce this
ruling and Georgian officials ignored it. Andrew Jackson was angry about the ruling and said "Mr. Marshall has made his decision. Now let him
enforce it!". In 1835, some Cherokee leaders signed the Treaty of Echota, which stated that they would move to more western lands, and this treaty
gave Andrew Jackson the okay to move the natives. Others that weren't involved with the treaty stayed under the leadership of Chief John Ross until
the end. The Trail of Tears is considered the saddest legacy of the Jacksonian
... Get more on HelpWriting.net ...
Essay On Cherokee Rights
Beginning in 1791 a series of treaties between the United States and the Cherokees living in
Georgia gave recognition to the Cherokee as a nation with their own laws and customs.
Nevertheless, treaties and agreements gradually whittled away at this land base, and in the late
1700s some Cherokees sought refuge from white interference by moving to northwestern
Arkansas between the White and Arkansas Rivers. As more and more land cessions were forced on the Cherokees during the first two decades of the
1800s, the number moving to Arkansas increased. Then in 1819, the Cherokee National Council notified the federal government that it would no longer
cede land, thus hardening their resolve to remain on their traditional homelands.
The Cherokee situation ... Show more content on Helpwriting.net ...
Settlers continued to encroach on Cherokee lands, as well as those belonging to the neighboring Muscogee (Creek) Indians. In 1828, Georgia passed
a law pronouncing all laws of the Cherokee Nation to be null and void after June 1, 1830, forcing the issue of states' rights with the federal
government. Because the state no longer recognized the rights of the Cherokees, tribal meetings had to be held just across the state line at Red Clay,
Tennessee.
When gold was discovered on Cherokee land in northern Georgia in 1829, efforts to dislodge the
Principle People from their lands were intensified. At the same time President Andrew Jackson began to aggressively implement a broad policy of
extinguishing Indian land titles in affected states and relocating the Indian population.
In 1830 Congress passed the Indian Removal Act, which directed the executive branch to negotiate for Indian lands. This act, in combination with the
discovery of gold and an increasingly untenable position within the state of Georgia, prompted the Cherokee Nation to bring suit in the
U.S. Supreme Court. In United States v. Georgia (1831) Chief Justice John Marshall, writing
... Get more on HelpWriting.net ...
USpreme Court Case Study
The US Supreme court wanted to deem what Native Americans were in the evolution of the United States of America, in just they really wanted to
change the stance on tribal sovereignty that fit the US. Before set laws the only ways to deal with Native Americans were through wars, bullied
negotiations and forced treaties to acquire all land. Treaties functioned as the most important documentation describing the relationship between
Europeans and Natives. This continued until the courts began to bring specific meaning to these laws that were recognized through the courts of the
US. A land title definition to the Europeans politics was that Indian's had land to give and was for private individuals to receive. So there was a need
to regulate these... Show more content on Helpwriting.net ...
McIntosh (1823), Chief Justice Marshal ruled in court that Indian tribes could not transfer land to private parties without the consent of the federal
government. The Court explained that, after conquest by the Europeans under the discovery the rights of the tribes to complete sovereignty were
diminished. Natives could not sell land or own it truly and the land that they were placed on they could only occupy.
The second case of the Marshall Trilogy is The Cherokee Nation vs. Georgia (1831). The Cherokee Nation wanted the authority of the Supreme
Court to disable the State of Georgia from implementing federal law on Cherokee Nation reservations. It was a question to be asked, if the Cherokee
Nation was a "foreign state"? If so the Cherokee could sue the State of Georgia in federal court. But in conclusion the tribes are not foreign states and
are domestic dependents that will always be a ward to its guardians the federal government.
The last case is of the Worcester vs. Georgia (1832) Chief Justice Marshal continued to build off the two previous cases. The foundation that Natives
were domestic dependents that posed only a limited amount of sovereignty. So when two missionary were violating sovereignty laws of the Cherokee
by trespassing on their territory Chief Justice Marshal contradicted his previous call and let the Cherokee have rights to their own lands that the state of
Georgia could not extend its power into their
... Get more on HelpWriting.net ...
Marshall Court Case Study
The Marshall Court permanently changed a number of aspects in the United States Government. The Court affected the amount of power the Federal
Government possessed, the government's power over the economy, their role as the Federal Government, the concept of implied power, and the rights
of American Indians. The Marshall Court system ultimately gave the Federal government, most notably the Judicial Branch of the government, a
greater amount of power to sway the decisions of the states. The Judicial Branch of the government became assertive, pushing to make their judgment
absolute, this removed power from the states. The Marshall Court allowed the Federal Government to create a powerful Judicial Branch that was
capable of changing many aspects of the American court system and the rights of the states. One of the primary court cases that could be used to
exemplify the power of the Judicial Branch in the Federal Government is Dartmouth V. Woodward. In this court case New Hampshire aimed to turn
Dartmouth College, a private college in the state, into a state university. Dartmouth V. Woodward raised the question of if states were able to nullify the
obligations of a contract, and the court decided that it was unconstitutional for a state to take over and void a private contract. This case asserted that
the state... Show more content on Helpwriting.net ...
Maryland. In McCulloch V. Maryland, Maryland wanted to tax bank notes, which could damage a branch of the National Bank. The case questioned
whether a state could oppose the National Bank, and the Court decided that the state must follow the Federal Government, and the state could not tax a
National Bank. This decision proved that the power involved with the Federal Government was absolute, the Federal Government was able to overrule
any decision, and this expanded their power even at the expense of the
... Get more on HelpWriting.net ...
Examples Of A Model Of Christian Charity
According to Abraham Lincoln, "America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we
destroyed ourselves." Not only did the purpose of John Winthrop's A Model of Christian Charity serve to establish a successful society, but one can
assume that it was to also set a positive universal standard for all of future's upcoming societies. However, considering the tragic events that America
has caused, one can also agree that the society mentioned in John Winthrop's A Model of Christian Charity is full of unrealistic expectations when
compared to today's society. Whether or not that is true, when that particular U.S. History lesson that discusses such American atrocities is over, it is
crestfallen... Show more content on Helpwriting.net ...
John Winthrop descended off The Arabella into the New World for the first time and inspired his people to help one another establish a profound
society. On the other hand, Andrew Jackson inspired his country to expand itself by disruptively settling in lands originally owned by the Native
Americans (Wolk). In 1832, the state of Georgia surveyed theCherokee's land, dividing part of it into sections of 160 acres. Supported by Andrew
Jackson, these sections were given away in a land lottery to white settlers. This corrupted distribution allowed winners of the lottery to remove
Cherokee people out of their homeland (Wolk). Although these lands came to become present–day Georgia, North Carolina, Alabama, Tennessee, and
Florida, where millions of Americans live today, one can conclude that the price of obtaining these states only cost death, tragedy, and real faith in God
to survive. On the other hand, it appears that Andrew Jackson had a different perspective on the cost of expanding his country. Proclaiming to John
Pitchlynn on the Indian Removal Act, Andrew Jackson said,"I beg of you to say to them, that their interest, happiness, peace, and prosperity depends
upon their removal beyond the jurisdiction of
... Get more on HelpWriting.net ...
Cherokee Vs Georgia Case Study
During the time of the Cherokee Nation v. Georgia case, the United States was very focused on expanding, especially to the South and West. The
country had already started removing and relocating Indian Tribes (Indian Removal Act). The Cherokee were a self–sustaining tribe that remodeled
their government and way of life off the US. When they refused to sell their land to the country, the US called for their lands to be seized and ordered
state sovereignty to control them. Including the land, gold discovered on the lands made it more appealing for the country. Angry with this treatment, the
Cherokee went to the Supreme Court to get the USA to back off and let them own their lands in peace.
According to Justice Marshall, the Cherokee Nation
... Get more on HelpWriting.net ...
A Comparison Of Andrew Jackson's Relationship With The...
The presidency of Andrew Jackson was marked by extreme government reforms which resulted in the birth of our modern democracy, but the darkest
part of Jackson's presidency was his policy with the Native American Indians. The relationship between the United States government and the Native
Americans had long been considered unstable (Marsico 6). With the arrival of European settlers at Jamestown in 1607 two radically different cultures
clashed. The meeting of these two worlds was often benign but other encounters proved hostile. The enticement of the new found world and the idea of
a new start were powerful incentives for European settlers to flood into America. Indians roamed the land but the European influx brought diseases to
which the natives had no immunity, the native populations were severely affected. As more immigrants arrived, the land sacred to the Native
Americans was being taken by white settlers, the Indians couldn't compete with the white man's population and technology. From 1721 to 1819, more
than 90 percent of Indian land had been surrendered, including Cherokee lands (What). With the European belief of superiority the Indians seemed
like a far less advanced culture and a people easily conquered. As the white man overpowered various... Show more content on Helpwriting.net ...
The trail that the Cherokee took was named Nunna daul Tsuny, the literal translation being "the trail where they cried" (Marsico 9). The typical
journey for the Cherokee to travel west took six months. Approximately 4,000 Cherokee Indians lost their lives on the trail west. John Ross' wife
was one of the dead (Trail). The trail ended on March 26th, 1839 in Oklahoma Territory with "four thousand silent graves" behind them (Burnett).
There is a Cherokee legend of a white rose with a golden center that is supposed to represent each tear that fell on the Trail of Tears, this white rose is
the state flower of Georgia (Marsico
... Get more on HelpWriting.net ...
The Marshall Case
Ella Tabares
12/12/2014
271 Final TA: Heather Daly
Part I: B) Cherokee Removal– Fighting for their rights The Cherokees provided the best example of Native Americans who understood their rights
most clearly as they demonstrated in their plight objecting the Cherokee removal and as they exhibited in the construction of a constitution strikingly
similar to the United States constitution as well as those of the states, carefully outlining their rights in an organized coherent manner. Consistent with
the federal and state constitutions, the Cherokee constitution reflected a profound belief in republicanism, a representative form of government in
which those eligible to vote elected individuals to make laws to protect their life, liberty, and property.... Show more content on Helpwriting.net ...
They were well organized and knowledgeable about the ways of the Euro–Americans, they proved themselves as not being savages as was formerly
thought. In response Georgia was forced to try to undermine Cherokee laws and claim to the land by making their presence known at every turn.
There were many "White intruders" on Cherokees land, which they expressed their complaints about, as people kept moving into their land, mining
their gold, taking their livestock. They received little to no help on the situation, and Georgia retaliated by handing out Cherokee land to thousands of
white settlers, trying to force the Cherokees out. There had been much debate over the policies set by the U.S. government, but upon Presidency
Andrew Jackson honored Georgia's claims of jurisdiction in 1829, over the Cherokees, in the form of the Indian Removal Act, signed into law May 28,
... Get more on HelpWriting.net ...

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Social Disparity In The Cherokee Nation V. Georgia

  • 1. Social Disparity In The Cherokee Nation V. Georgia In spite of the fact that law capacities to advantage society it can likewise reflect and strengthen the social disparity found in bigger society. American history is loaded with case of two related parts of law and imbalance. The utilization of law to encourage social disparity and the effect of disparity on the causes of law and the operation of the lawful framework. The Cherokee Nation v. Georgia, (1831) The US Supreme Court, in Cherokee Nation v. Georgia, 30 U.S. 5 Pet. 1 1 (1831) declared the Cherokee people to be a "dГ©pendent domestique nation," allowing a policy of separatism through the reservation system The Cherokee individuals had lived in Georgia and what is currently the southeastern Joined States for many years. In 1542, Hernando... Show more content on Helpwriting.net ... Georgia (1831) and the Lilly Ledbetter Fair Pay Act, Multiculturalism plays a big part in it because the first is acknowledgment, its assorted qualities in a given society or association. For a very long time racial/ethnic minorities, the physically debilitated, and ladies have not been given the same acknowledgment as others. The uneven way to deal with history and training has been an affirmation to that certainty. With acknowledgment ought to likewise come regard. Appreciation is the procedure whereby the other is treated with regard, cordiality and empathy in a try to defend the trustworthiness, poise, quality and social worth of the person. It implies treating individuals the way they need to be dealt with. Admiration and acknowledgment are not the ... Get more on HelpWriting.net ...
  • 2. Negative Effects On Native Americans Since the migration of Europeans to the New World relationships with Native Americans tended to be tense and exploitative. With time the white Americans were able to wear down the Native tribes through growth of population along with the rise of advance technology. These advancement often led to bloodshed between the two groups as they fought over the land and survival. The Indians were also greatly affected by the many new disease brought to the New World from the Europeans. The government and the American people were looking for a permanent solution towards the Native Americans. President Andrew Jackson created and submitted the policy of Indian removal to the west of the Mississippi River to Congress. The Indian Removal Act gave the... Show more content on Helpwriting.net ... Education was also highly valued as they established schools, which helped teach English. Despite their efforts the Cherokee were under great pressure to move west and to hand over their ancestral lands. Following American practice of filing a lawsuit against the grievances of the state they turned towards the United State Supreme Courts to give them relief against the actions taken by Georgia. The first serious attempt by the Court to define the federal government's relationship to Indian nations was Johnson v. Mclntosh in 1823. Chief Justice Marshall developed the theory of Indian subservience to the federal government while keeping the notion of continued Indian autonomy, also reasoning that conquest gave the white man ownership and title to Indian lands. (S 66) This created a relationship that held the Native Americans in a lesser role under the supervision of the federal government. This was a power not to be abused but rather to help regulate the interactions between Native Americans and the United States. The next case challenged the actions of Georgia involving George Corn Tassels, who claimed that the state had no authority over him in the murder trial in Georgia. Usually the Native tribes had some jurisdiction over its own people and their action. They turned to the President and the Supreme Court for protection against the state's claim of complete control over the Indian tribes. However, Georgia was not going to allow any interference by the ... Get more on HelpWriting.net ...
  • 3. Courts Of The Conqueror Summary The Native Americans have a long history and tension with the American people. From the French and Indian war, which saw the indians pitted against the British colonists, to nineteen –twenty– four, when they finally gained citizenship, it was an uphill battle. The settlers turned Americans broke many agreements with the Natives, such as the selling of reservation land by the government or the declaration that tribes were dependent nations rather than foreign nations. In the cases presented to the Supreme Court by Native American tribes were often in favor of the white man, which disregarding the needs of the Natives. In chapter five of the book, In the Courts of the Conqueror, it focuses on the court case of Cherokee Nation v. Georgia. The people of the state of Georgia wanted the land that was the Cherokee reservation, especially after gold was found on it, so they created laws that would run the natives out. Among these laws was the Compact of 1802, which voided the Treaty of Hopewell stating the land belonged to the Cherokee people for all time, giving Georgia possession of the land. Twenty– four years later, a law was placed that stated that " No Indian... shall be deemed a competent witness, or a party of any suit, in any court," ( Echo–Hawk 96). Following the harsh martial laws being put in place, the Indian Removal Act came in 1830. If the native people refused to emigrate westward, they were also giving up federal protection, thus giving Georgians the right to use ... Get more on HelpWriting.net ...
  • 4. Cherokee Nation V. Georgia Case Study The Cherokee Nation v. Georgia case is also important to talk about when trying to explain the thoughts the Supreme Court had on the status of Native American's. This case can be seen as one of the most hateful towards an Indian tribe, as it stripped away the basic human rights of the Cherokee nation held within their own legal tribal boundaries. Not only was the state of Georgia against the tribe but it seems as though the Supreme Court was as well. As they ruled that the Cherokee Nation was a dependent nation of the United States and that Indian tribes were not sovereign nations according to article three of the constitution. Again justice Marshall delivered the opinion of the court stating that 'Their (Their meaning Native Americans) relation ... Get more on HelpWriting.net ...
  • 5. Trail Of Tears Research Paper The Trail of Tears was the result of the United States government's treatment of the Cherokee Nation. The Cherokee was the last tribe to fight for their home in the Appalachian region of North and South Carolina, as well as in Georgia, Tennessee and Alabama. The Cherokee developed a republican government ruled by a constitution in 1820, much like that of the U.S. Despite their organization, they could not stop the settlers push for possession of the Cherokee territory, especially when gold was discovered on their lands in Georgia. To keep the land in their own hands, the Cherokee passed a law that made any sale of Cherokee lands punishable by death. The state of Georgia then challenged the Cherokee assembly and declared their rule null and ... Get more on HelpWriting.net ...
  • 6. Trail Of Tears Essay Trail of Tears The Trail of Tears is a name given to the Cleansing and forced relocation of Native American nations from Southeastern parts of United States following the Indian Removal Act of 1830. The phrase originated from a description of removal of the Choctaw Nation in 1831. We Cherokee Indians have lived in our lands for centuries. The white setters forcefully came into our world and had an eye on our land to grow cotton and other crops. First they wanted to "civilize" us and "save our souls" by converting us to Christianity. Many of our people tried to comply, but they thought of us as alien people and looked down upon us. The Choctaw, the Chickasaw, the Cherokee, the Muscogee, and the Seminole (collectively called the Five Civilized Tribes) were living as autonomous nations in what could be called to the American Deep South. They initially started harassing us by stealing livestock, burning and looting our houses and squatting on our land which did not belong to them. The land they coveted was the east of Mississippi as this land was valuable for growing cotton. Several state governments passed laws limiting Native American sovereignty and rights, even though US Supreme Court affirmed our nation to be sovereign in the case of Worcester v. Georgia (1832). In Cherokee Nation v. Georgia (1831), the Supreme Court ruled the Cherokee nation was not sovereign and independent nation, and even refused to hear the case. Tensions between Georgia and ... Get more on HelpWriting.net ...
  • 7. The Cherokee Indians By Hernando De Soto The Cherokee Indians lived in North American far longer than any other British decent or human being. Still they were compelled to move from their property (land), which was done in a fierce way, which had been theirs for quite a long time and hundreds of years. This excursion of evacuation was known as the Trail of Tears, and this paper will demonstrate the impacts this moved had on the Cherokee individuals. It will let you know how they lived before they were compel to moved, clarify the occasions that prompted to their evacuation, states of their travel, and what happen to the Cherokee individuals after the Trail of tears. The local individuals of North America lived in peace for a long time. Nevertheless the lives of the Native America came to a shocking stop in 1540. This was the year that Hernando De Soto came into contact with the local individuals of North American. The locals, known as Indians, would interact with pioneers from around the globe that need their property for themselves or their nation. The local would inevitably embrace a portion of the outsiders ' ways. They would even venture to battle in a portion of the pioneer wars. This was demonstrated not to be a smart thought for them on the grounds that in the event that they were on the losing side, the outcomes were the lost of their property. Through the nineteenth century around one hundred thousand Indians were compel to move westbound far from their territory. There were five Indian tribes that ... Get more on HelpWriting.net ...
  • 8. Worchester Vs Georgia Research Paper Matthew Guglielmo Research Paper Mr. Chwick United States History and Government Decisions that the Supreme Court makes are reflections that we live in. Oliver Wendell Holmes Jr. once used the metaphor of "magic mirror" to describe the law because it reflects the assumptions, attitudes, and priorities of each generation. The decisions that the Supreme Court has made over the years reflects the thoughts and attitudes of the people of that current time period. In this research paper we will use the cases of Worchester v. Georgia and Cherokee v. Georgia to show how the Supreme Court interpreted the rights of the Native Americans and how the decisions were influenced by that current time period. The precursor of the two Supreme Court cases that we are discussing started in 1828 when Georgia developed laws to take away the basic human rights of the Cherokee Indians. The laws also said that the Cherokee could be removed from their lands. The Cherokee nation said in ... Show more content on Helpwriting.net ... There was a group of missionaries that lived on Indian and they refused to get a special license. The missionaries supported the Cherokee Indians' stance against Georgia laws that they should not be removed from their land. Missionary Sam Worcester and his wife along with five other missionaries refused to move from Indian Territory or apply fro a special license. The army came and arrested them. After Worchester was arrested, he appealed to the Supreme Court saying his constitutional rights were violated. Worcester and the other missionaries were convicted of living on the Cherokee land without a special license. They were sentenced to four years of hard labor. Worcester and the other missionaries were kept in prison until 1833. The court decided that the law under which Worcester was prosecuted violated the constitution, treaties and the laws of the United ... Get more on HelpWriting.net ...
  • 9. Removal of Indian Tribes in 1700 No, I do not agree that Georgia and the United States were justified in forcing the Indian tribes to leave their homeland and move to the Oklahoma territory. I believe the Tribes were taken advantage of and abused by the states whenever possible. In 1971 the Cherokee tribe was in the process of making treaties with United States. The state of Georgia recognized the Cherokee tribe as a nation allowing them to make their own laws and follow their native customs. In the late 1700's their land started to be invaded by the white man. The Cherokee Indians began to move to Arkansas. (Historical Context) I believe the Indians were taken advantage of and had no option but to move when their land was taken away from them. Georgia and the United ... Show more content on Helpwriting.net ... Georgia has not rights on the land or people. Therefore "the Acts of Georgia are repugnant to the Constitution, laws, and treaties of the United States.". (DBQ Doc 2) That being said the judgment against Worcester was reversed. In 1810 the confrontation between Tecumseh and William Harrison at Vincennes, Indiana leads to more lose of land for the Tribes. The signing of the Treaty of Greenville, which took more of the Indians land from them was intended to make things work easer for Tribal members and settlers. During that time frame additional treaties (Treaty of Grouseland and Treaty of Vincennes) were signed. More land was given to Americans but still "resulted in an easing of tension by allowing the settlers into Indiana and appeasing the Indians with reimbursement for the lands the settlers were squatting on".(DBQ Doc 3) Statements by Chief Tecumseh leads to further verification that the Indians felt wronged in the swapping of their land. Tecumseh states "we gave them forest–clad mountains and valleys full of game, and in return what did they give our warriors and our women? Rum, trinkets and a grave."(DBQ Doc 4) Based on the maps presented there is further proof that the Cherokee Tribe was losing more and more land to United States. The original extent of the Cherokee claims give the Tribe land in following states West Virginia, Virginia, North and South Carolina, Georgia, Alabama,Tennessee, Kentucky and ... Get more on HelpWriting.net ...
  • 10. Dbq Indian Removal Act The Indian Removal Act was passed in congress on May 28, 1830, it was passed by only one in congress. The act was then signed by the president at that time Andrew Jackson. The Indian Removal Act gave Andrew Jackson the ability to negotiate with the Indian tribes for their removal from the southern United States to move to an area west of the Mississippi river. This act resulted with the removal of 5 major Indian tribes; the tribes affected were Cherokee, Choctaw, Chickasaw, Creek, and Seminole. These tribes were forced to move from their native lands to areas owned by federal government west of the Mississippi River many of these natives experienced harsh treatment and conditions on the way to their new territory. The conditions were so ... Show more content on Helpwriting.net ... Georgia. This case involved Georgia passing a law that stated that prohibited people who were not Indian from living in Indian Territory. When a missionary named Sam Worcester was discovered living in Cherokee territory the state of Georgia tried to force him out of the Cherokee Nation so Sam Worcester filed a suit along with the Cherokee Nation. The Cherokee Nation claimed that the state of Georgia over stepped their boundary by trying to enforce state laws in the Cherokee's territory. The case eventually made it to the Supreme Court. The Supreme Court ruled in favor of Worcester stating that the laws of Georgia have no jurisdiction in the Cherokee's Territory. The court also ruled that the law passed by Georgia violated treaties between the United States and the Cherokee Nation and also that the law violated the 14th ... Get more on HelpWriting.net ...
  • 11. History Of The Cherokee Indians `The Cherokee Indians were a very modern group of Native Americans; they had successfully blended into the American way of life. For example, they made their government like the American way, translated the Bible, and even used American rules for owning property. Life for the Cherokee nation seemed to be going well, but in 1832 they would have to fight for their land. Gold was discovered in Georgia, so Georgians wanted to force the Cherokee Indians out, so they would have more gold. The Cherokee Indians fought in a nonviolent way; they sued. "In Worcester v. Georgia (1832), which followed a similar case from the ear before, Cherokee, Georgia, the Supreme Court ruled that the Cherokee nation was a sovereign nation and that the state of Georgia ... Get more on HelpWriting.net ...
  • 12. The Indian Removal Act Essay example Indian Removal Act In 1830, the Jackson administration instated the Indian Removal Act. This act removed the Native Americans from their ancestral lands to make way for an increase of additional American immigrants. This act forced many Native American tribes from their homes including five larger tribes, Cherokees, Chickasaws, Choctaws, Creek, and Seminole. These tribes had populations were estimated to be around 65,000 people strong that lived in North Carolina, Georgia, Florida, Alabama, and Mississippi. (Foner, 2012) The American Indians fought for their rights and beliefs through the American court system. Their other objective other than fighting for their rights was but in the end, they were forced out of their homes to move... Show more content on Helpwriting.net ... When the Georgia government realized that Worcester was helping theCherokee, they arrested him a total of three times; the last time, he was convicted along with other missionaries and sentenced to four years in prison. The Cherokee tribe had paid a lawyer to represent Worcester in his case Worcester v. Georgia in the U.S. Supreme court. The Supreme court ruled in Worcester's favor declaring that the Cherokees possessed the right to live free from the state's trespasses. Even though the Supreme Court ruled in Worcester's favor, Georgia ignored the ruling and did not remove the missionaries from prison and continued to remove Cherokees from their land. President Jackson also did not enforce the ruling and told the Cherokee people to either leave the land or fall under Georgia's jurisdiction. (Garrison, 2004) In the end, tens of thousands of Cherokee people were forced by federal soldiers to leave their homes a move west from Georgia to Oklahoma in what many know as the "trail of tears" (Foner, 2012) Seminoles Other tribes such as the Seminoles stayed in Florida and fought for their land alongside slaves that had escaped from Georgia. Georgia sent militiamen into Florida to fight the Indians and African Americans. Hundreds lost their lives on both sides during the Seminole War from 1835– 1842. In the end, the Seminole people were forced from their ... Get more on HelpWriting.net ...
  • 13. Manifest Destiny Research Paper There were many country–splitting issues that characterized the United States in the 19th century. A major one of these issues was Manifest Destiny, the belief that the United States was destined to extend its territory west to the Pacific Ocean. There were both positive and negative aspects to expansion in the era of Manifest Destiny. Expansionism was not a good idea in the 1840's in the event that it only benefitted the Americans. There were many Native American populations in the Midwest that were uprooted and forced to leave their homes. Problems in the Mexican government arose as well. Although the Americans thought that Manifest Destiny was a successful movement, in actuality, it was an aggressive imperialism at the expense of others.... Show more content on Helpwriting.net ... Polk. James Polk was picked due to the fact that the Democrats could not agree on anyone else. On the issue of Texas, Henry Clay lost the election and James Polk won. As president, Polk laid out a four point plan and achieved all four points in four years. The points in this plan was to lower the tariff, restore an independent treasury, to settle the Oregon Dispute, and to acquire California. Polk wanted California but that was a problem due to strained U.S. and Mexican relations. Texas claimed its Southern boundary to be the Rio Grande and not the Nueces River like Mexico said. Polk had to defend Texas. The U.S then sent John Slidell to Mexico City as an envoy and instructed him to buy California for $25 million. Once John Slidell arrived, the Mexican government refused to see him. Now that Polk is frustrated, he forced a showdown. On January 13, 1846 Polk ordered 4000 men, under Zachary Taylor's command, to march from the Nueces River to the Rio Grande thus irritating the Mexican troops. On April 25, 1846 the Mexican troops crossed the Rio Grande killing and wounding 18,000–40,000 soldiers. Then on February 2, 1848 the treaty of Guadalupe Hidalgo ended Mexican–American War. Mexico decided to give up all claims to land from Texas to California for $15 million. Not all American citizens supported the war, there were many individuals who were against to it. Henry ... Get more on HelpWriting.net ...
  • 14. Essay On Indian Removal Throughout history, the Native people of America have repeatedly experienced hardships which led to the deterioration of their culture. In Georgia in the year 1802, the Cherokees were involved in a conflict with the settlers of the land due to the Georgians wanting to expand and longing to have the land to themselves. This brutality and greed then led to the Indian removal from this land. Within these points in history that natives are pushed out of Georgia was led by political and social acts ranging from laws and acts being passed along with whites invading the Cherokees land. In 1802, the state of Georgia forced the removal of Indians from their land but the federal government and state government had to negotiate before this went into... Show more content on Helpwriting.net ... We see the Government trying even harder to move them by referencing from the act that was passed on the 2nd of December, 1835 in which it states "that it would be a strong inducement to them to treat with the General Government, and consent to a removal to the west" (Memorial of Protest of the Cherokee Nation, pg. 85). This all derived from The Indian Removal act which was put into action on May 28, 1830 even though this act was passed in the 1830s it did take some time for it to go into effect but we can see things start to heat up. During this time the State of Georgia passed a law that required for all white man who live in Cherokee country to take an oath of allegiance to the state of Georgia. We can say that they did this to have them on their side and guilt them into thinking they are doing the right thing when removal finally comes, this can also derive from the Worchester v. Georgia case which only happened four years ago so the Government doesn't want a repeat of this and to know that whoever lives in Cherokee country is on their side not the Cherokees ... Get more on HelpWriting.net ...
  • 15. Indian Removal Act Of 1830 "It gives me pleasure to announce to Congress . . . the removal of the Indians beyond the white settlements is approaching to a happy consummation" (Jackson, 1830, para.1). With promises of new lands, protection, and monies, President Andrew Jackson portrays the Indian Removal Act of 1830 as beneficial to Indians, wherein governmental financial gain is incidental. However, when considering land transactions and gold discoveries, the true beneficiaries are revealed. While strengthening the States' white population, wealth, and power, the Indian Removal Act dispels previous treaties that ensure Indian ancestral territorial boundaries; and it ultimately facilitates the forced relocation where thousands die of starvation and exposure. Proponents of the Indian Removal Act (the Act) advocate its benefits to the Indians. For instance, in his message to Congress, PresidentAndrew Jackson (1830) explains, that as white settlements inevitably progress westward, current policy attributes to the slow annihilation of the Indians, therefore a speedy removal protects the Indian civilizations from extinction. He goes on to explain that the Act not only provides for this speedy removal, but provides a purchase of their current territory, endows a new extensive territory, finances relocation, and offers future support and protection; and these offers should be "hailed with gratitude and joy" (para.4), and any "pecuniary advantages which it promises to the Government are the least of its ... Get more on HelpWriting.net ...
  • 16. Cherokee Indian Removal Analysis The Cherokee Nation flourished in 1838 through Alabama, Tennessee, Georgia, and North Carolina. They had their own newspaper, The Cherokee Phoenix, they grew corn and cotton, raised hogs and cattle, and they lived in log houses. The Cherokee Indians lived in peace, up until October of 1838. Cherokees were forced out of their homes and held at gunpoint by 7,000 soldiers, an order from President Martin Van Buren who was pressured by Georgia. Eighteen thousand Indians were pressured to march from Alabama, Tennessee, Georgia, and North Carolina to the Indian territory in present–day Oklahoma. Approximately 4,000 Cherokee Indians, mostly children and the elderly, died on this march which became known as "Nunahi–Duna–Dlo–Hilu–I" or "trail ... Show more content on Helpwriting.net ... It is not known how many died on the journey, but the trip was especially hard on infants, children, and the elderly. Missionary doctor Elizur Butler, who accompanied the Cherokees, estimated that over 4,000 died–nearly one–fifth of the Cherokee population. Some slaves also died on the Trail of Tears. In the end, the U.S. government never even paid the $5 million promised to the Cherokees in the Treaty of New Echota. The Cherokee Nation tried to adapt to the new environment and re–established their own system of government, similar to that of the United States. John Ross was elected as the Principal Chief of the reconstituted Cherokee Nation. The Trail of Tears was a devastating forced march of 800 miles of the Cherokee Nation. Andrew Jackson strongly believed that the removal of Indians from the east would benefit the nation and the Cherokees. In reality, only the United States benefited from the removal and many Cherokees suffered and died and, in the end, did not get what they were promised. Even then the Cherokees remained strong, kept their beliefs, and continued to ... Get more on HelpWriting.net ...
  • 17. How Did Andrew Jackson Impact On Native Americans Andrew Jackson's Impact on Native Americans When someone mentions the name "Andrew Jackson", what comes to mind? Is it the infamous Bank War where he attempted to destroy the Second Bank of the United States? Or, is it the term "Jacksonian Democracy" and the creation of the short–lived Whig Party? If you are a Native American, the name "Andrew Jackson" may be a painful reminder of the Indian Removal Act and the Trail of Tears. To the Native American populous, the seventh president of the United States is a figure who brought pain and suffering to their ancestors. He was not the "common man" often portrayed in history books who worked on behalf of all who lived in the United States. This former war hero focused on pleasing American farmers and settlers, not the needs of Native tribes. The unfair actions that Andrew Jackson made during his presidency negatively affected the way Native Americans were treated by the United States government throughout the nineteenth century. After he was elected president in 1828, Andrew Jackson entered into office with a ... Show more content on Helpwriting.net ... According to Section 8 of the Dawes Act, "the provisions of this act shall not extend to the territory occupies by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in the Indian Territory". These tribes occupied a large amount of fertile land, perfect for American farms. In order to correct the "mistake", Congress passed an amendment in 1898 named the Curtis Act. This abolished Section 8 of the Dawes Act, and forced the tribes who were originally omitted to follow all rules and regulations of the Dawes Act. Now, the federal government of the United States could legally seize Native lands without consent of the tribe. At this time, the removal of Native Americans was legal, just as Andrew Jackson had originally ... Get more on HelpWriting.net ...
  • 18. Trail Of Tears: The Indian Trail Of Tears Trail of tears was one of a few courses along which different tribes relocated on their constrained evacuation to reservations west of mississippi. This move was a struggle for native americans because they were forced from their land and moved to somewhere un–familar to them. Relocation from the first Cherokee Nation started in the mid 1800's. A few Cherokees, careful about white infringement, moved west all alone and settled in different ranges of the nation. A gathering known as the Old Settlers already had intentionally moved in 1817 to grounds given them in Arkansas where they built up a legislature and a tranquil lifestyle. Later, be that as it may, they were compelled to move to Indian Territory. But white disdain of the ... Get more on HelpWriting.net ...
  • 19. The Indian Removal Act : The Impact Of The Indian Removal Act One of the defining moments of President Andrew Jackson's career, if not the most significant, was the Indian Removal Act of 1830. This was a controversial bill at the time and the impact from it is still felt today. The Indian Removal Act directly led to the displacement of thousands of Native Americans; including four thousand deaths during the Trail of Tears, the forced march from Georgia to Oklahoma. While overt racism played a clear role in relocating Native Americans past the Mississippi, it is possible that other factors were at play. The living conditions in many of the states were poor for Natives and Jackson hoped that giving them a new location to live could remedy these problems while opening the land up for white settlers. Jackson was a groundbreaking President in many regards. He was an orphan and did not come from the upper class. He was the first President to actively campaign for votes and when elected in 1828, he would continue the previous policies for moving Native Americans to the Indian Territory as he believed this is what the voters wanted. During this time, many Southern states restricted the rights of Indian Nations. Alabama, Georgia, and Mississippi all stripped Native Americans of their civil rights, abolished the tribal unit, rejected ancestral land claims, and would not allow them to vote or testify in court. Before the Indian Removal Act, Native Americans signed various treaties with the federal government in regards to keeping their land. ... Get more on HelpWriting.net ...
  • 20. Aggressive Imperialism In The 1840's There were many country–splitting issues that characterized the United States in the 19th century. A major one of these issues was Manifest Destiny, the belief that the United States was destined to extend its territory west to the Pacific Ocean. There were both positive and negative aspects to expansion in the era of Manifest Destiny. Expansionism in the 1840's was good for absolutely no one but the Americans. There were many Native American populations in the Midwest that were uprooted and forced to leave their homes. Problems in the Mexican government arose as well. Although the Americans thought that Manifest Destiny was a successful movement, in actuality, it was an aggressive imperialism at the expense of others. Andrew Jackson was a ... Get more on HelpWriting.net ...
  • 21. The Marshall Trilogy: Basis Of Federal Indian Law The Marshall Trilogy is a term used to describe the three federal court cases that are the basis of federal Indian Law. John Marshall was the Chief of Justice during this time and he played a significant role in these cases. John Marshall and other justices believed that Native American tribes should be allowed to retain their independent "nations" status, and only the Federal Government would have the power to relate with them. In 1823, in the case of Johnson v. M'Instosh, the argument was between two men who both held titles to the same piece of land. M'Intosh's was sold to him by the government while Johnson's was sold to him by the Plankeshaw tribe. Chief Justice Marshall ruled the land did not belong to the tribe in the first place, so they did not have the right to sell it to Johnson. The law stated that the Native Americans did not actually own the land, only the rights to live on it, and that the discovering nation was the only one allowed to sell the land. This law is not only demeaning, but outrageously inconsiderate towards the Native American tribes who should have been given full rights to the land in the first place. In... Show more content on Helpwriting.net ... Georgia, a missionary named Samuel Worcester was caught preaching onCherokee lands. According to laws in Georgia at the time, this was illegal without a permit, and so they threw him in jail. Worcester filed a law suit against the state of Georgia, stating that they did not have the authority to control what happened within the Cherokee Nation. The courts of course sided with Worcester as the Cherokee Nation was a sovereign district and the state had no authority there. Although the United States claims to have the best interest only for the Native American peoples with its promises of protection and services, it also treats them like lower class citizens or foreigners who need handouts. The only thing Native American need is respect and to have the land they deserve given over to them ... Get more on HelpWriting.net ...
  • 22. Worcester V. Georgia Case Study In the court case Worcester v. Georgia, the U.S. Supreme Court held in 1832 that the Cherokee Indians and Samuel Worcester created a nation holding distinct sovereign powers. This decision did not protect the Cherokees from being removed from their tribal birthplace in the Southeast. In the 1820s and 1830s, Georgia ordered a cruel battle to remove the Cherokees, who held dominion within the borders of Georgia, North Carolina, Alabama, and Tennessee at the time. In 1827 the Cherokees fixed an basic government. The Cherokees were not only reshuffling their government but also declaring to the American public that they were a free nation that could not be removed without their permission. An angry Georgia legislature responded by intending to extend its authority over the Cherokees living in the states declared boundaries. The state took over the Cherokee lands; overthrew their government, courts, and laws; and settled a process for snatching Cherokee land and distributing it to the state's white citizens. In 1830 reps from Georgia and the other southern states pushed through Congress the Indian Removal Act, which gave U.S. presidentAndrew Jackson the ability to debate removal treaties with the Native American tribes. The Cherokees, led by their principal chief, John Ross, refused to remove and instead John Marshall filed with the U.S. Supreme Court an action challenging the authority of Georgia's laws. The Cherokees disputed that the laws desecrated their chief rights as a nation and criminally interfered into their treaty relationship with the United States. In Cherokee Nation v. Georgia (1831), the court held that it did not have the authority to strike down Georgia's laws. In dicta that became particularly important in American Indian law, Chief Justice John Marshall wrote that the Cherokees constituted a "private, dependent nation" that existed under the custody of the United States. Samuel Worcester, a native of Vermont, was a pastor connected with the American Board of Commissioners for Foreign Missions (ABCFM). In 1825 the board sent Worcester to join its Cherokee mission in Brainerd, Tennessee. Two years later the board ordered Worcester to the Cherokee national capital of New Echota, in Georgia. Upon ... Get more on HelpWriting.net ...
  • 23. Outline Of Monroe's Great Plan Monroe's "Great Plan" President James Monroe presented a plan to Congress in 1825 written by John C. Calhoun, Secretary of War, to relocate all eastern Indians in the western part of the United States Territory. Each Indian nation would be given its own strip of land running from the Mississippi river to the end of the Louisiana Territory. President James Monroe This land had large herds of buffalo and was viewed by the white man to be "too rough" for them to settle in. Calhoun had proposed relocation as the only "permanent solution" to "the Indian problem." The US government, by the time of the Andrew Jackson's presidency, offered Native Americans a very limited number of options: acculturation, relocation, or extermination. Congress sent General William Clark to discuss a treaty with the Indians for the Great Plains. They did not want to leave their land because it was sacred to them since their ancestors were buried there. Andrew Jackson, the president at that time, approved the Indian Removal act because it gave the white men more land. He believed that this would be popular with middle and lower class voters. President Andrew Jackson Cherokee Plight– Sad Chapter in US History "My friends, circumstances render it impossible that you can flourish in the midst of a civilized community. You have but one... Show more content on Helpwriting.net ... They were removed from their homes by force and gathered into temporary forts where they lived in unspeakable conditions with little food, shelter or water. The Cherokee Nation was then forced to travel one thousand miles mostly by foot in horrible conditions with little food and water to be relocated by the white man to the land designated to be their "new home" by the white man.. This has become know in history as the "Trail of Tears" since approximately 4,000 of the 16,000 total American Indians died along the ... Get more on HelpWriting.net ...
  • 24. How Did The Trail Of Tears Right To Happen Was the path of the Trail of Tears right to happen? In 1838, the U.S government forced Cherokee Indians to evacuate their lands and head down a path to Oklahoma known as the Trail of Tears. The Trail of Tears was a journey of some exhausting travel that took many months to complete and was immensely difficult at best. Not only did it take forever to reach the end of the trail to their designation, but many Cherokee Indians became deceased along the way. Andrew Jackson was one of the reasons this conflict rose against the Cherokee. Andrew Jackson was not justified in forcing the five "Civilized Tribes" off their land due to the conclusion in Worcester v. Georgia,the fact they attempted to live an American life and how civilized they were, and ... Show more content on Helpwriting.net ... Thomas Jefferson saw the Indians as already civilized since he was a boy. Jefferson believed they were noble people and were interested in their culture most of his life. In a book named, Jefferson and the Indians, it states, "Jefferson, an eminent graduate, suggested instead that a proto–anthropologist be dispatched for the study of "Indian law, customs, religions, traditions, and more particularly their languages"(Kennedy). Noticing how the Americans wanted their lands however, the Cherokee Nation attempted to prove that they too, can handle and manage their own lands. They wanted to be apart of the American population. Building toll–roads, ferries, working on a plantations, forming the alphabet, stopping their ways of fishing and hunting, and even owning slaves: were some of the actions the Cherokee did to live the American life. The Cherokee soons formed a constitution, using the reference of the United States' Constitution and created a judicial system as well as boundaries and a General Council. In an article titled Return to the Trail of Tears , an archaeologist identified as Lance Greene, stated,"They were forming their own national government. A large part of the population had converted to Christianity. They sang Christian hymns as they were marching. There's still an image of savage Indians living in tepees, but maybe the Cherokee, more than anybody, made an attempt [ to acculturate ]. But ultimately it failed" ... Get more on HelpWriting.net ...
  • 25. The Importance Of The Cherokee Land In America In the 1800's tensions were rising between the whites and Indians over land. One of the Indian tribes called the Cherokee would be forced to leave their land due to a law passed by Congress called the Indian Removal Act, which detailed the relocation of Indian tribes to a new territory. Because of the law being passed, The Cherokee nation decided to make a strong case to the United States court for keeping their land in Georgia and North Carolina . In their plea to the government, the Cherokee people focused preserving the land of their ancestors and reminding the United States government, they were an independent nation whose rights should be protected under the law. First, the Cherokee nation makes a strong case for keeping their land in Georgia and North Carolina because it was the land was of their ancestors. The Cherokee nation expanded across the Southeastern region of North America. According to Smithers, archeologist believe Cherokees "settled in a vast and diverse area that included the modern–day states of Virginia, West Virginia, North and South Carolina, Georgia, Alabama, Tennessee and Kentucky." The land provided wealth and survival for the Cherokee people. Many of their families were raised and buried on this land. They believed migrating to a new territory would be detrimental to their survival as a people. In fact, they were concerned about the original natives of the new land and the lack of necessities for the people to survive. A Cherokee leader states "All ... Get more on HelpWriting.net ...
  • 26. The Cherokee Experience In The Trail Of Tears The Indian Removal Policy of the 1830s displaced 17,000 Cherokee Indians from their ancestral lands to reservations across the Mississippi. Justifying his position in his decision, President Andrew Jackson stated, "Circumstances that cannot be controlled, and which are beyond the reach of human laws, render it impossible that you can flourish in the midst of a civilized community" (Jackson). The Cherokee experience in the Trail of Tears was an embodiment of the failings of cultural communication between the United States and the Cherokee Nation. The intercommunication that transpired between the United States and the Cherokee people aggravated the existing conditions between the two nations and resulted in the mass displacement of Cherokee ... Show more content on Helpwriting.net ... Senate to halt the ratification of the treaty. Nonetheless, President Jackson pushed for the ratification and succeeded in legitimizing the fraudulent document in 1836 (Eaton, 80). As a result, any further attempts to reclaim Cherokee land would be unaddressed. The Cherokee Nation was given two years to voluntary leave their territory but many stayed in the hope that some justice occur and they would retain their native soil. In May of 1838, the government used the Treaty of New Echota to justify the cruel removal of 17,000 Cherokee natives by gunpoint (Cherokee). Even through this, the Cherokee entreated the military leaders to halt the displacement of their people. "We, the great mass of the people, think only of the love we have to our land for we do love the land where we were brought up. We will never let our hold of this land go to let it go will be like throwing away our mother that gave us birth." –Letter from Aitooweyah to John Ross New Echota, 1830 ... Get more on HelpWriting.net ...
  • 27. Cherokee Removal, Part Of The Trail Of Tears Cherokee removal, part of the Trail of Tears, refers to the forced relocation between 1836 and 1839 of the Cherokee Nation from their lands in Georgia, South Carolina, North Carolina, Tennessee, Texas, and Alabama to the Indian Territory in the then Western United States, and the resultant deaths along the way and at the end of the movement of an estimated 4000 Cherokee. The Cherokee have come to call the event Nu na da ul tsun yi ; another term is Tlo va sa ––both phrases not used at the time, and seems to be of Choctaw origin. Removal actions occurred to other American Indian groups in the American South, North, Midwest, Southwest, and the Plains regions. The Chickasaw, Choctaw, Creek and were removed reluctantly. The Seminole in Florida resorted to removal by the United States Army for decades with guerrilla warfare. Some Seminole remained in their Florida home country, while others were transported to Indian Territory in shackles. The phrase "Trail of Tears" is used to refer to similar events endured by other Indian groups, especially among the "Five Civilized Tribes". The phrase originated as a description of the voluntary removal of the Choctaw nation in 1831. How it began In the fall of 1835, a census was taken by civilian officials of the US War Department to enumerate Cherokee residing in Alabama, Georgia, North Carolina, and Tennessee, with a count of 16,542 Cherokee, 201 inter–married whites, and 1592 slaves . Tensions between the indigenous Cherokee and ... Get more on HelpWriting.net ...
  • 28. Cherokee Removal Dbq The decision of the Cherokee removal led to misplaced families, 4,000 murders committed by the United States government, and lowered the Native Americans into a new place of powerlessness. The conclusion of the Cherokee removal that the Jackson administration had come to was an unstoppable one. Nevertheless, the Cherokees were determined to block the Indian Removal by becoming civilized in the Americans' eyes, building their own nation, and eventually bringing court cases and filing complaints when their people were ignored. Once the United States had gained independence from British rule, the tension was high between the Native Americans, who were allied with the British during the Revolutionary War, and the now Americans. Many Americans considered... Show more content on Helpwriting.net ... The Cherokees developed their own constitution, which caused some outrage within the Cherokee community and great anger throughout Georgia. Perhaps the Cherokee government took the idea of civilization too far, as their government and constitution were inspired by the United States'. For example, their boundaries are outlined and regulations for running for an office are made clear. In fury, the governor of Georgia insisted that the Cherokee Nation were gaining the dominance that laid greatly within the borders of Georgia. He also commanded President John Q. Adams to condemn it. President Adams claimed that this constitution was a device of local government and that there was no interference between the affiliation of the Cherokee Nation and the federal government. This created a ground for the Cherokees to stand upon, giving themselves recognition and power. Indirectly, this was a way for the Cherokees to announce their refusal to accept the removal and let their voice be heard. This case also represented the prejudice and lust for land that Georgia had for the tribe. After the decision of President Adams to stay neutral, the Cherokees took advantage of their short–lived power and began to publish newspapers and hold elections for representatives under this constitution. They had an office for principal chief and published different imprints of their laws. Still, this didn't stop the government of ... Get more on HelpWriting.net ...
  • 29. Trail Of Tears "However, murder is murder whether committed by the villain skulking in the dark or by uniformed men stepping to the strains of martial music. Murder is murder, and somebody must answer. Somebody must explain the streams of blood that flowed in the Indian country in the summer of 1838. Somebody must explain the 4000 silent graves that mark the trail of the Cherokees to their exile" (Charles River Editors). On the Trail of Tears, many murders were carried out. Although these murders may not have been perpetrated by one person directly, the bodies of the trials were devastating. The Trail of Tears was a series of Indian removal over eight years which involved the Five Tribes and the abandonment of their land due to Andrew Jackson's racist rulings... Show more content on Helpwriting.net ... The Trail of Tears was a sequence of forced tribal removals from certain lands to another. The impact that this had on American society in the nineteenth century is little due to the fact that most of the country was white whom had more privilege and were becoming big landowners or plantation owners. The relocations were enforced and the Indians were required to move as a result of their want to remain as a nation. To these tribes, family and relation was everything, so they would rather be thrown off land than become split up. Today, the Trail of Tears is important because of the more frequent use of freedom of speech and the fights for equality from the United States citizens. It is important to address these points in history to use as an example of what we, as a country, should avoid. A trail of tears is still happening, due to the forced deportation of people who are not recognized as citizens of the United ... Get more on HelpWriting.net ...
  • 30. Examples Of Role Playing Paper: John Marshall Oliver Head Dr. Judy LeForge History 2010 19 October 2017 Role Playing Paper: John Marshall Throughout the many cases that I settled as the Chief Justice of the Supreme court I always felt that I was making our country a better place by protecting its people and rights. This is a notion that I can stand by until my death. I have worked hard to get where I am even though it was not my original intention. When I first joined the military in 1775 I wasn't interested in law, but, under the horrible conditions of Valley Forge,George Washingtonappointed me as his chief legal officer. So, my political career began, in 1780 I left the military to briefly study law until I had a firm grasp. It was during my term as city recorder in Richmond Virginia, from 1785–1788, that the people, and partially myself, became conscious of my fair decisions made for the common good. After the French demanded bribes of us during the XYZ affair, making fools of themselves, I was invited to join the supreme court.... Show more content on Helpwriting.net ... Only one year later though, I finally accepted John Adams' job offer and was appointed the secretary of state. Another position I did not hold for long because in 1801 I accepted the position of Chief Justice of the supreme court, a position I would hold until my death, after the Midnight Judges act as Adams was leaving office. It was as Chief Justice I made the biggest difference on our country. I settled several important cases including Marbury v. Madison, Cohens v. Virginia, and Gibbons v. Ogden. One of the most important in my time though, was the Cherokee Nation v. ... Get more on HelpWriting.net ...
  • 31. Indian Removal Research Paper : Eric Powell INDIAN REMOVAL RESEARCH PAPER Eric Powell American History I April 1, 2016 The Indian culture and everything they contributed to the successful culmination of the United States has been lost in history. Many historians have attempted to go back in time with minimal resources and reconstruct the history of Indian culture with diminutive weal. The Nation known today as the United States of America has a foundational structure built on beliefs and forms of government that derived from Native American culture; so extinguishing Indians from existence is nonsensical. Although it did not happen overnight the removal of the American Indians from the eastern tribes was forced upon them because of greed, and caused extreme ... Show more content on Helpwriting.net ... This allowed the Georgians to move into the previously secured lands of the Cherokee to dig for and retrieve the gold. Ross argued that the Cherokee Nation had conformed to civilized culture that was forced upon them by the United States. They had given up their old life to form new ones. The Indians now practice new religious beliefs, use industrial goods and also created a newspaper that they used to communicate with other tribes in different areas with. Not only had they conformed to the United States traditions and their way of life, they also signed a land treaty that allowed them to legally own the land. The Indians were given a grant to develop the land as well, and as long as they conformed to colonial culture and made industrial improvements to the land they occupied, the Indians would be protected. The Indians siding with the English during the American Revolutionary war cannot be overlooked. The Indians beard a heavy burden from colonist because they sided with the English. It would not be startling to believe this fueled the initiative to remove Cherokee Nation west of the Mississippi River. In retrospect, the Cherokee wanted to be seen as its own state so they could handle their own affairs and be self–governed while still being under the protection of the United States. In the early 1800's the Cherokee Nation had an extremely hard time to acculturate with the citizens of the United States. They had agreements and ... Get more on HelpWriting.net ...
  • 32. Trail Of Tears Research Paper The Trail of Tears technically happened from 1838 through 1839, but the issue actually began in the early 1830's. The reasons behind the Trail of Tear is depressing. The Native Americans were constantly mistreated, they got pushed off land that each tribe has lived in for generations, almost every president had an issue with the Native Americans, the aftermath of the Trial of Tears was devastating. Native Americans in the East Coast in the 1830's were slowly thrown out of their own land that they had lived on for generations. There were many reasons for taking the Native Americans land. White Settlers wanted to expand with growing population. There were valuable resources in these lands that have not yet been touched. White Settlers wanted ... Show more content on Helpwriting.net ... While he was in the military he constantly had campaigns to scare off the natives. Andrew Jacksons supporters were generally southern and western people that wanted to remove all natives west of the Mississippi River. In 1832, a group of Sac and Fox Indians led by Chief Black Hawk crossed the Mississippi, but were forced back to the other side of the river. The Seminole in Florida had more success, it ended up beginning a war that lasted until the 1840's. Others like the Cherokees took legal action. The Cherokee were considered one of the more civilized tribes. After the court case Cherokee Nation v. Georgia it was ruled that Georgia has no jurisdiction over the Cherokee's. Andrew Jackson refused to enforce this ruling and Georgian officials ignored it. Andrew Jackson was angry about the ruling and said "Mr. Marshall has made his decision. Now let him enforce it!". In 1835, some Cherokee leaders signed the Treaty of Echota, which stated that they would move to more western lands, and this treaty gave Andrew Jackson the okay to move the natives. Others that weren't involved with the treaty stayed under the leadership of Chief John Ross until the end. The Trail of Tears is considered the saddest legacy of the Jacksonian ... Get more on HelpWriting.net ...
  • 33. Essay On Cherokee Rights Beginning in 1791 a series of treaties between the United States and the Cherokees living in Georgia gave recognition to the Cherokee as a nation with their own laws and customs. Nevertheless, treaties and agreements gradually whittled away at this land base, and in the late 1700s some Cherokees sought refuge from white interference by moving to northwestern Arkansas between the White and Arkansas Rivers. As more and more land cessions were forced on the Cherokees during the first two decades of the 1800s, the number moving to Arkansas increased. Then in 1819, the Cherokee National Council notified the federal government that it would no longer cede land, thus hardening their resolve to remain on their traditional homelands. The Cherokee situation ... Show more content on Helpwriting.net ... Settlers continued to encroach on Cherokee lands, as well as those belonging to the neighboring Muscogee (Creek) Indians. In 1828, Georgia passed a law pronouncing all laws of the Cherokee Nation to be null and void after June 1, 1830, forcing the issue of states' rights with the federal government. Because the state no longer recognized the rights of the Cherokees, tribal meetings had to be held just across the state line at Red Clay, Tennessee. When gold was discovered on Cherokee land in northern Georgia in 1829, efforts to dislodge the Principle People from their lands were intensified. At the same time President Andrew Jackson began to aggressively implement a broad policy of extinguishing Indian land titles in affected states and relocating the Indian population. In 1830 Congress passed the Indian Removal Act, which directed the executive branch to negotiate for Indian lands. This act, in combination with the discovery of gold and an increasingly untenable position within the state of Georgia, prompted the Cherokee Nation to bring suit in the U.S. Supreme Court. In United States v. Georgia (1831) Chief Justice John Marshall, writing ... Get more on HelpWriting.net ...
  • 34. USpreme Court Case Study The US Supreme court wanted to deem what Native Americans were in the evolution of the United States of America, in just they really wanted to change the stance on tribal sovereignty that fit the US. Before set laws the only ways to deal with Native Americans were through wars, bullied negotiations and forced treaties to acquire all land. Treaties functioned as the most important documentation describing the relationship between Europeans and Natives. This continued until the courts began to bring specific meaning to these laws that were recognized through the courts of the US. A land title definition to the Europeans politics was that Indian's had land to give and was for private individuals to receive. So there was a need to regulate these... Show more content on Helpwriting.net ... McIntosh (1823), Chief Justice Marshal ruled in court that Indian tribes could not transfer land to private parties without the consent of the federal government. The Court explained that, after conquest by the Europeans under the discovery the rights of the tribes to complete sovereignty were diminished. Natives could not sell land or own it truly and the land that they were placed on they could only occupy. The second case of the Marshall Trilogy is The Cherokee Nation vs. Georgia (1831). The Cherokee Nation wanted the authority of the Supreme Court to disable the State of Georgia from implementing federal law on Cherokee Nation reservations. It was a question to be asked, if the Cherokee Nation was a "foreign state"? If so the Cherokee could sue the State of Georgia in federal court. But in conclusion the tribes are not foreign states and are domestic dependents that will always be a ward to its guardians the federal government. The last case is of the Worcester vs. Georgia (1832) Chief Justice Marshal continued to build off the two previous cases. The foundation that Natives were domestic dependents that posed only a limited amount of sovereignty. So when two missionary were violating sovereignty laws of the Cherokee by trespassing on their territory Chief Justice Marshal contradicted his previous call and let the Cherokee have rights to their own lands that the state of Georgia could not extend its power into their ... Get more on HelpWriting.net ...
  • 35. Marshall Court Case Study The Marshall Court permanently changed a number of aspects in the United States Government. The Court affected the amount of power the Federal Government possessed, the government's power over the economy, their role as the Federal Government, the concept of implied power, and the rights of American Indians. The Marshall Court system ultimately gave the Federal government, most notably the Judicial Branch of the government, a greater amount of power to sway the decisions of the states. The Judicial Branch of the government became assertive, pushing to make their judgment absolute, this removed power from the states. The Marshall Court allowed the Federal Government to create a powerful Judicial Branch that was capable of changing many aspects of the American court system and the rights of the states. One of the primary court cases that could be used to exemplify the power of the Judicial Branch in the Federal Government is Dartmouth V. Woodward. In this court case New Hampshire aimed to turn Dartmouth College, a private college in the state, into a state university. Dartmouth V. Woodward raised the question of if states were able to nullify the obligations of a contract, and the court decided that it was unconstitutional for a state to take over and void a private contract. This case asserted that the state... Show more content on Helpwriting.net ... Maryland. In McCulloch V. Maryland, Maryland wanted to tax bank notes, which could damage a branch of the National Bank. The case questioned whether a state could oppose the National Bank, and the Court decided that the state must follow the Federal Government, and the state could not tax a National Bank. This decision proved that the power involved with the Federal Government was absolute, the Federal Government was able to overrule any decision, and this expanded their power even at the expense of the ... Get more on HelpWriting.net ...
  • 36. Examples Of A Model Of Christian Charity According to Abraham Lincoln, "America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves." Not only did the purpose of John Winthrop's A Model of Christian Charity serve to establish a successful society, but one can assume that it was to also set a positive universal standard for all of future's upcoming societies. However, considering the tragic events that America has caused, one can also agree that the society mentioned in John Winthrop's A Model of Christian Charity is full of unrealistic expectations when compared to today's society. Whether or not that is true, when that particular U.S. History lesson that discusses such American atrocities is over, it is crestfallen... Show more content on Helpwriting.net ... John Winthrop descended off The Arabella into the New World for the first time and inspired his people to help one another establish a profound society. On the other hand, Andrew Jackson inspired his country to expand itself by disruptively settling in lands originally owned by the Native Americans (Wolk). In 1832, the state of Georgia surveyed theCherokee's land, dividing part of it into sections of 160 acres. Supported by Andrew Jackson, these sections were given away in a land lottery to white settlers. This corrupted distribution allowed winners of the lottery to remove Cherokee people out of their homeland (Wolk). Although these lands came to become present–day Georgia, North Carolina, Alabama, Tennessee, and Florida, where millions of Americans live today, one can conclude that the price of obtaining these states only cost death, tragedy, and real faith in God to survive. On the other hand, it appears that Andrew Jackson had a different perspective on the cost of expanding his country. Proclaiming to John Pitchlynn on the Indian Removal Act, Andrew Jackson said,"I beg of you to say to them, that their interest, happiness, peace, and prosperity depends upon their removal beyond the jurisdiction of ... Get more on HelpWriting.net ...
  • 37. Cherokee Vs Georgia Case Study During the time of the Cherokee Nation v. Georgia case, the United States was very focused on expanding, especially to the South and West. The country had already started removing and relocating Indian Tribes (Indian Removal Act). The Cherokee were a self–sustaining tribe that remodeled their government and way of life off the US. When they refused to sell their land to the country, the US called for their lands to be seized and ordered state sovereignty to control them. Including the land, gold discovered on the lands made it more appealing for the country. Angry with this treatment, the Cherokee went to the Supreme Court to get the USA to back off and let them own their lands in peace. According to Justice Marshall, the Cherokee Nation ... Get more on HelpWriting.net ...
  • 38. A Comparison Of Andrew Jackson's Relationship With The... The presidency of Andrew Jackson was marked by extreme government reforms which resulted in the birth of our modern democracy, but the darkest part of Jackson's presidency was his policy with the Native American Indians. The relationship between the United States government and the Native Americans had long been considered unstable (Marsico 6). With the arrival of European settlers at Jamestown in 1607 two radically different cultures clashed. The meeting of these two worlds was often benign but other encounters proved hostile. The enticement of the new found world and the idea of a new start were powerful incentives for European settlers to flood into America. Indians roamed the land but the European influx brought diseases to which the natives had no immunity, the native populations were severely affected. As more immigrants arrived, the land sacred to the Native Americans was being taken by white settlers, the Indians couldn't compete with the white man's population and technology. From 1721 to 1819, more than 90 percent of Indian land had been surrendered, including Cherokee lands (What). With the European belief of superiority the Indians seemed like a far less advanced culture and a people easily conquered. As the white man overpowered various... Show more content on Helpwriting.net ... The trail that the Cherokee took was named Nunna daul Tsuny, the literal translation being "the trail where they cried" (Marsico 9). The typical journey for the Cherokee to travel west took six months. Approximately 4,000 Cherokee Indians lost their lives on the trail west. John Ross' wife was one of the dead (Trail). The trail ended on March 26th, 1839 in Oklahoma Territory with "four thousand silent graves" behind them (Burnett). There is a Cherokee legend of a white rose with a golden center that is supposed to represent each tear that fell on the Trail of Tears, this white rose is the state flower of Georgia (Marsico ... Get more on HelpWriting.net ...
  • 39. The Marshall Case Ella Tabares 12/12/2014 271 Final TA: Heather Daly Part I: B) Cherokee Removal– Fighting for their rights The Cherokees provided the best example of Native Americans who understood their rights most clearly as they demonstrated in their plight objecting the Cherokee removal and as they exhibited in the construction of a constitution strikingly similar to the United States constitution as well as those of the states, carefully outlining their rights in an organized coherent manner. Consistent with the federal and state constitutions, the Cherokee constitution reflected a profound belief in republicanism, a representative form of government in which those eligible to vote elected individuals to make laws to protect their life, liberty, and property.... Show more content on Helpwriting.net ... They were well organized and knowledgeable about the ways of the Euro–Americans, they proved themselves as not being savages as was formerly thought. In response Georgia was forced to try to undermine Cherokee laws and claim to the land by making their presence known at every turn. There were many "White intruders" on Cherokees land, which they expressed their complaints about, as people kept moving into their land, mining their gold, taking their livestock. They received little to no help on the situation, and Georgia retaliated by handing out Cherokee land to thousands of white settlers, trying to force the Cherokees out. There had been much debate over the policies set by the U.S. government, but upon Presidency Andrew Jackson honored Georgia's claims of jurisdiction in 1829, over the Cherokees, in the form of the Indian Removal Act, signed into law May 28, ... Get more on HelpWriting.net ...