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Devin Delaney
Indian removal
11/12/2023
Mr. Czarnecki
Yes, one could consider the Indian Removal Act of 1830 to be a challenge on Cherokee sovereignty. With the passage of the Indian Removal Act, the federal government gained the right to drive Native American tribes, such as the Cherokee, from their ancestral lands and into what is now Oklahoma. The Cherokee people's rights and sovereignty were disregarded as this removal was conducted by force and intimidation
The ruling in Worcester v. Georgia by the Supreme Court was disregarded by President Jackson.,
which held that Georgia lacked authority over tribal lands, and the removal was permitted to continue. The Cherokee people lost their sovereignty over their own lands and were forced to relocate thousands of people due to the
Indian Removal Act, which resulted in the Trail of Tears.
The first reason the Indian Removal was an invasion of Cherokee sovereignty was because it abused “treaties made between Native American groups and the federal government. This broke the agreements and treaties previously established between the Cherokee and the federal government, challenging the central government's authority. Despite complaints and protests that
Georgia had overstepped its authority, President Jackson publicly endorsed the new laws and argued that states' rights were more important than Indian rights. This invasion of Cherokee
sovereignty paved the way for the Indian Removal Act and the subsequent forced removal of Native American tribes from their traditional lands.” (Czarnecki Jackson gets started)
. Examples
of this is from the 1830 pamphlet from the Cherokee nation “Such we deem, and are certain, will
be the feelings of the whole Cherokee people, if they are forcibly compelled by the laws of Georgia to remove; and with these feelings, how is it possible that we should pursue our present course of improvement, or avoid sinking into utter despondency? We have been called poor, ignorant, and degraded people. We certainly are not rich; nor have we ever boasted of our knowledge, or our moral or intellectual elevation. But there is not a man within our limits, so ignorant as not to know that he has a right to live on the land of his fathers, in the possession of his immemorial privileges, and that this right has been acknowledged and guaranteed by the United States; nor is there a man so degraded as not to feel a keen sense of injury, on being deprived of this right and driven into exile.” (
Part of an 1830 pamphlet printed by the Cherokee nation discussing Indian removal.
)
The second reason the Indian Removal was an invasion of Cherokee sovereignty is because it breached the most solemn compacts and guarantees made between the Cherokee Nation and the United States. “The Cherokee people had a right to live on the land of their fathers and enjoy their immemorial privileges, which had been acknowledged and guaranteed by the United States.
However, the laws of Georgia forcibly compelled the Cherokee people to remove from their ancestral lands, depriving them of their rights and driving them into exile.”
(
Andrew Jackson's 1830 message to Congress concerning Indian removal
).
This action not only disregarded the sovereignty of the Cherokee Nation, but also disregarded the agreements and promises made to them by the United States government. The Indian Removal can therefore be seen as an intrusion
on Cherokee sovereignty and a betrayal of the compacts and guarantees that had been
established. An example of this is from the 1830 Pamphlet from the Cherokee Nation “They would regard us as intruders and look upon us with an evil eye. The far greater part of that region
is, beyond all controversy, badly supplied with wood and water; and no Indian tribe can live as agriculturalists without these articles.”
(
Part of an 1830 pamphlet printed by the Cherokee nation discussing Indian removal.
)
The third reason the Indian Removal was an invasion of Cherokee sovereignty was because of the psychological and material difficulties of forcible extraction of the Cherokee people contend that if they are forced to flee their nation, they will go bankrupt. “They feel that because other Indian nations have already settled in the area west of the Arkansas territory, it is not suitable for them, and they do not have the resources to live as farmers. They find the new land unappealing because their neighbors would speak different languages and follow different traditions. The native people of the area are nomadic, violent savages on the move. They would have to leave behind the places and graves of their early years, even if the new land turned out to be better than
they had imagined. It would also not be the land of their ancestors or of their birth. Families are emotionally taxed when they are uprooted to a new nation, and the Cherokee people would suffer
even more from the forced nature of their removal—a destruction of their legal agreements with the government.”
(PBS Indian removal
).
An example of this is from the 1830 Pamphlet from the Cherokee Nation. “The removal of families to a new country, even under the most favorable auspices, and when the spirits are sustained by pleasing visions of the future, is attended with much depression of mind, and sinking of heart. This is the case, when the removal is a matter of decided preference, and when the persons concerned are in early youth or vigorous adulthood.”
(
Part of an 1830 pamphlet printed by the cherokee nation discussing indian removal.
)
People can argue that the Indian Removal Act of 1830 was an invasion of Cherokee sovereignty.
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The federal government acquired the authority to expel Native American tribes, including the Cherokee, from their ancestral lands and relocate them into what is now Oklahoma with the passing of the Indian Removal Act. The rights and sovereignty of the Cherokee people were ignored when this removal was conducted through pressure and threats. The removal was allowed to proceed despite the Supreme Court's ruling in Worcester v. Georgia, which maintained that Georgia lacked authority over tribal lands. President Jackson disregarded this ruling. The Cherokee people experienced the Trail of Tears because of the Indian Removal Act, which caused them to lose sovereignty over their own lands and force thousands of people to relocate.
Works Cited
“Andrew Jackson’s 1830 Message to Congress Concerning Indian Removal.” Andrew Jackson’s 1830 Message to Congress Concerning Indian Removal. | DPLA
, dp.la/primary-
source-sets/jacksonian-democracy/sources/143. Czarnecki, Matthew S. “Jackson Gets Started.” Sign in to Your Account
, luoa.instructure.com/courses/2299754/pages/3-dot-11-dot-m-lesson-jackson-gets-started?
module_item_id=40098256.
“Indian Removal.” PBS
, Public Broadcasting Service, www.pbs.org/wgbh/aia/part4/4p2959.html. “Part of an 1830 Pamphlet Printed by the Cherokee Nation Discussing Indian Removal.” Part of an 1830 Pamphlet Printed by the Cherokee Nation Discussing Indian Removal. | DPLA
, dp.la/primary-source-sets/jacksonian-democracy/sources/144.