Brief History of The Trail of Tears
Source: Cherokee Nation
Since first contact with European explorers in the 1500s, the Cherokee
Nation has been recognized as one of the most progressive among American
Indian tribes. Before contact, Cherokee culture had developed and thrived
for almost 1,000 years in the southeastern United States--the lower
Appalachian states of Georgia, Tennessee, North and South Carolina, and
parts of Kentucky and Alabama. Life of the traditional Cherokee remained
unchanged as late as 1710, which is marked as the beginning of Cherokee
trade with the whites. White influence came slowly in the Cherokee Country,
but the changes were swift and dramatic. The period of frontier contact
from 1540-1786, was marked by white expansion and the cession of Cherokee
lands to the colonies in exchange for trade goods. After contact, the
Cherokees acquired many aspects of the white neighbors with whom many had
intermarried. Soon they had shaped a government and a society that matched
the most "civilized" of the time.
Migration from the original Cherokee Nation began in the early 1800s as
Cherokees wary of white encroachment moved west and settled in other areas
of the country's vast frontier. White resentment of the Cherokees had been
building as other needs were seen for the Cherokee homelands. One of those
needs was the desire for gold that had been discovered in Georgia. Besieged
with gold fever and with a thirst for expansion, the white communities
turned on their Indian neighbors and the U.S. Government decided it was
time for the Cherokees to leave behind their farms, their land and their
homes.
A group known as the Old Settlers had moved in 1817 to lands given to them
in Arkansas, where again they established a government and a peaceful way
of life. Later they, too, were forced into Indian Territory.
Once an ally of the Cherokees, President Andrew Jackson authorized the
Indian Removal Act of 1830, following the recommendation of President James
Monroe in his final address to Congress in 1825. Jackson sanctioned an
attitude that had persisted for many years among many white immigrants.
Even Thomas Jefferson, who often cited the Great Law of Peace of the
Iroquois Confederacy as the model for the U.S. Constitution, supported
Indian Removal as early as 1802.
The displacement of native people was not wanting for eloquent opposition.
Senators Daniel Webster and Henry Clay spoke out against removal. Reverend
Samuel Worcester, missionary to the Cherokees, challenged Georgia's attempt
to extinguish Indian title to land in the state, winning the case before
the Supreme Court.
Worcester vs. Georgia, 1832, and Cherokee Nation vs. Georgia, 1831, are
considered the two most influential decisions in Indian law. In effect, the
opinions challenged the constitutionality of the Removal Act and the US.
Government precedent for unapplied Indian-federal law was established by
Jackson's defiant enforcement of the removal.
When the pro-removal Cherokee leaders signed that treaty, they also signed
their own death warrants. The Cherokee National Council earlier had passed
a law that called for the death penalty for anyone who agreed to give up
tribal land. The signing and the removal led to bitter factionalism and the
deaths of most of the Treaty Party leaders in Indian Territory.
Opposition to the removal was led by Chief John Ross, a mixed-blood of
Scottish and one-eighth Cherokee descent. The Ross party and most Cherokees
opposed the New Echota Treaty, but Georgia and the U.S. Government
prevailed and used it as justification to force almost all of the 17,000
Cherokees from the southeastern homelands.
Under orders from President Jackson, the U.S. Army began enforcement of the
Removal Act. Around 3,000 Cherokees were rounded up in the summer of 1838
and loaded onto boats that traveled the Tennessee, Ohio, Mississippi, and
Arkansas Rivers into Indian Territory. Many were held in prison camps
awaiting their fate. In the winter of 1838-39, 14,000 were marched 1,200
miles through Tennessee, Kentucky, Illinois, Missouri, and Arkansas into
rugged Indian Territory.
An estimated 4,000 died from hunger, exposure and disease. The journey
became an eternal memory as the "trail where they cried" for the Cherokees
and other removed tribes. Today it is remembered as the Trail of Tears.
Those who were able to hide in the mountains of North Carolina or who had
agreed to exchange Cherokee citizenship for U.S. citizenship later emerged
as the Eastern Band of Cherokee Indians of Cherokee, N.C. The descendants
of the survivors of the Trail of Tears comprise today's Cherokee Nation
with membership of more than 165,000.
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Copyright © 1995 The Cherokee Cultural Society of Houston
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