Jackson's Indian Removal Policy
Taken from PBS.org
Historical Summary of Jackson's Policy with the Native Americans
Early in the 19th century, while the rapidly-growing United States expanded into the lower South, white settlers faced what they considered an obstacle. This area was home to the Cherokee, Creek, Choctaw, Chicasaw and Seminole nations. These Indian nations, in the view of the settlers and many other white Americans, were standing in the way of progress. Eager for land to raise cotton, the settlers pressured the federal government to take Indian territory.
WAR OF 1812 Andrew Jackson, from Tennessee, was a forceful proponent (in favor of) of Indian removal. In 1814 he led the U.S. military forces that defeated a group of the Creek nation. In their defeat, the Creeks lost 22 million acres of land in southern Georgia and central Alabama.
VOLUNTARY REMOVAL From 1814 to 1824, Jackson was instrumental in negotiating nine out of eleven treaties which took the southern tribes' eastern lands in exchange for lands in the west. The tribes agreed to the treaties for strategic reasons. They wanted to appease the government in the hopes of keeping some of their land, and they wanted to protect themselves from white harassment. As a result of the treaties, the United States gained control over 75% of Alabama and Florida, as well as parts of Georgia, Tennessee, Mississippi, Kentucky and North Carolina. This was a period of voluntary Indian migration, however, and only a small number of Creeks, Cherokee and Choctaws actually moved to the new lands.
LOSING LEGAL RIGHTS In 1823 the Supreme Court made a decision which stated that Indians could occupy lands within the United States, but could not own those lands. This was because their "right of occupancy" was not as important as the United States' "right of discovery." In response to the great threat this posed, the Creeks, Cherokee, and Chicasaw restricted land sales to the US government. They wanted to protect what remained of their land before it was too late.
NON-VIOLENT RESISTANCE Although the five Indian nations had made earlier attempts at resistance, many of their strategies were non-violent. One method was to adopt white-American practices such as large-scale farming, "white" education, and slave-holding. This earned the nations the designation of the "Five Civilized Tribes." They adopted this policy of assimilation (blending in) in an attempt to coexist with settlers and ward off hostility. But it only made whites jealous and resentful.
Other attempts involved giving portions of their land to the United States hoping to keep control over at least part of their territory, or of the new territory they received in exchange.
VIOLENT RESISTANCE Some Indian nations simply refused to leave their land -- the Creeks and the Seminoles even waged war to protect their territory. The First Seminole War lasted from 1817 to 1818. The Seminoles were helped by fugitive slaves who had found protection among them and had been living with them for years. The presence of the fugitive slaves enraged white planters and fueled their desire to defeat the Seminoles.
STATE IGNORES LEGAL VICTORY The Cherokee used legal means in their attempt to safeguard their rights. They wanted protection from land-hungry white settlers, who continually harassed them by stealing their livestock, burning their towns, and living on their land. In 1827 the Cherokee adopted a written constitution declaring themselves to be a sovereign nation. They based this on United States policy; in former treaties, Indian nations had been declared sovereign by the US so the US would be legally capable of seizing Indian lands. Now the Cherokee hoped to use this status to their advantage. The state of Georgia, however, did not recognize their sovereign status, but saw them as visitors living on state land. The Cherokee took their case to the Supreme Court, which ruled against them.
The Cherokee went to the Supreme Court again in 1831. This time they based their appeal on an 1830 Georgia law which banned whites from living on Indian territory after March 31, 1831, without a license from the state. The state legislature had written this law to justify removing white missionaries who were helping the Indians resist removal. The court this time decided in favor of the Cherokee. It stated that the Cherokee had the right to self-government, and declared Georgia's extension of state law over them to be unconstitutional. The state of Georgia refused to abide by the Court decision, however, and President Jackson refused to enforce the law.
INDIAN REMOVAL ACT In 1830, just a year after taking office, Jackson pushed a new law called the "Indian Removal Act" through both houses of Congress. It gave the president power to negotiate removal treaties with Indian tribes living east of the Mississippi. Under these treaties, the Indians were to give up their lands east of the Mississippi in exchange for lands to the west of the river. Indians wishing to remain in the east would become citizens of their home state. This law affected not only the southeastern Indian nations, but many other nations further north. The removal was supposed to be voluntary and peaceful, and it was that way for the tribes that agreed to the conditions. But the southeastern Indian nations resisted, and Jackson forced them to leave.
JACKSON'S ATTITUDE Jackson's attitude toward Native Americans was paternalistic and patronizing -- he described them as children in need of guidance. and believed the removal policy was beneficial to the Indians. Most white Americans thought that the United States would never extend beyond the Mississippi. Removal would save Indian people from bad treatment by whites, and would resettle them in an area where they could govern themselves in peace. But some Americans saw this as an excuse for a brutal and inhumane course of action, and protested loudly against removal.
INDIAN NATIONS REACT TO THE REMOVAL ACT Their protests did not save the southeastern nations from removal, however. The Choctaws were the first to sign a removal treaty, which they did in September of 1830. Some chose to stay in Mississippi under the terms of the Removal Act. But though the War Department made some attempts to protect those who stayed, it was no match for the land-hungry whites who moved onto Choctaw territory or cheated them out of their holdings. Soon most of the remaining Choctaws, weary of mistreatment, sold their land and moved west.
For the next 28 years, the United States government struggled to force relocation of the southeastern nations. A small group of Seminoles was coerced into signing a removal treaty in 1833, but the majority of the tribe declared the treaty illegitimate and refused to leave. The resulting struggle was the Second Seminole War, which lasted from 1835 to 1842. As in the first war, fugitive slaves fought beside the Seminoles who had taken them in. Thousands of lives were lost in the war, which cost the Jackson administration approximately 40 to 60 million dollars -- ten times the amount it had allotted for Indian removal. In the end, most of the Seminoles moved to the new territory. The few who remained had to defend themselves in the Third Seminole War (1855-58), when the U.S. military attempted to drive them out. Finally, the United States paid the remaining Seminoles to move west.
The Creeks also refused to emigrate. They signed a treaty in March, 1832, which opened a large portion of their Alabama land to white settlement, but guaranteed them protected ownership of the remaining portion, which was divided among the leading families. The government did not protect them from speculators, however, who quickly cheated them out of their lands. By 1835 the destitute Creeks began stealing livestock and crops from white settlers. Some eventually committed arson and murder in retaliation for their brutal treatment. In 1836 the Secretary of War ordered the removal of the Creeks as a military necessity. By 1837, approximately 15,000 Creeks had migrated west. They had never signed a removal treaty.
The Chickasaws had seen removal as inevitable, and had not resisted. They signed a treaty in 1832 which stated that the federal government would provide them with suitable western land and would protect them until they moved. But once again, the onslaught of white settlers proved too much for the War Department, and it backed down on its promise. The Chickasaws were forced to pay the Choctaws for the right to live on part of their western allotment. They migrated there in the winter of 1837-38.
TRAIL OF TEARS The Cherokee, on the other hand, were tricked with an illegitimate treaty. In 1833, a small faction agreed to sign a removal agreement: the Treaty of New Echota. The leaders of this group were not the recognized leaders of the Cherokee nation, and over 15,000 Cherokees -- led by Chief John Ross -- signed a petition in protest. The Supreme Court ignored their demands and ratified the treaty in 1836. The Cherokee were given two years to migrate voluntarily, at the end of which time they would be forcibly removed.
By 1838 only 2,000 had migrated; 16,000 remained on their land. The U.S. government sent in 7,000 troops, who forced the Cherokees into stockades at bayonet point. They were not allowed time to gather their belongings, and as they left, whites looted their homes. Then began the march known as the Trail of Tears, in which 4,000 Cherokee people died of cold, hunger, and disease on their way to the western lands.
By 1837, the Jackson administration had removed 46,000 Native American people from their land east of the Mississippi, and had secured treaties which led to the removal of a slightly larger number. Most members of the five southeastern nations had been relocated west, opening 25 million acres of land to white settlement and to slavery.
Historical Summary of Jackson's Policy with the Native Americans
Early in the 19th century, while the rapidly-growing United States expanded into the lower South, white settlers faced what they considered an obstacle. This area was home to the Cherokee, Creek, Choctaw, Chicasaw and Seminole nations. These Indian nations, in the view of the settlers and many other white Americans, were standing in the way of progress. Eager for land to raise cotton, the settlers pressured the federal government to take Indian territory.
WAR OF 1812 Andrew Jackson, from Tennessee, was a forceful proponent (in favor of) of Indian removal. In 1814 he led the U.S. military forces that defeated a group of the Creek nation. In their defeat, the Creeks lost 22 million acres of land in southern Georgia and central Alabama.
VOLUNTARY REMOVAL From 1814 to 1824, Jackson was instrumental in negotiating nine out of eleven treaties which took the southern tribes' eastern lands in exchange for lands in the west. The tribes agreed to the treaties for strategic reasons. They wanted to appease the government in the hopes of keeping some of their land, and they wanted to protect themselves from white harassment. As a result of the treaties, the United States gained control over 75% of Alabama and Florida, as well as parts of Georgia, Tennessee, Mississippi, Kentucky and North Carolina. This was a period of voluntary Indian migration, however, and only a small number of Creeks, Cherokee and Choctaws actually moved to the new lands.
LOSING LEGAL RIGHTS In 1823 the Supreme Court made a decision which stated that Indians could occupy lands within the United States, but could not own those lands. This was because their "right of occupancy" was not as important as the United States' "right of discovery." In response to the great threat this posed, the Creeks, Cherokee, and Chicasaw restricted land sales to the US government. They wanted to protect what remained of their land before it was too late.
NON-VIOLENT RESISTANCE Although the five Indian nations had made earlier attempts at resistance, many of their strategies were non-violent. One method was to adopt white-American practices such as large-scale farming, "white" education, and slave-holding. This earned the nations the designation of the "Five Civilized Tribes." They adopted this policy of assimilation (blending in) in an attempt to coexist with settlers and ward off hostility. But it only made whites jealous and resentful.
Other attempts involved giving portions of their land to the United States hoping to keep control over at least part of their territory, or of the new territory they received in exchange.
VIOLENT RESISTANCE Some Indian nations simply refused to leave their land -- the Creeks and the Seminoles even waged war to protect their territory. The First Seminole War lasted from 1817 to 1818. The Seminoles were helped by fugitive slaves who had found protection among them and had been living with them for years. The presence of the fugitive slaves enraged white planters and fueled their desire to defeat the Seminoles.
STATE IGNORES LEGAL VICTORY The Cherokee used legal means in their attempt to safeguard their rights. They wanted protection from land-hungry white settlers, who continually harassed them by stealing their livestock, burning their towns, and living on their land. In 1827 the Cherokee adopted a written constitution declaring themselves to be a sovereign nation. They based this on United States policy; in former treaties, Indian nations had been declared sovereign by the US so the US would be legally capable of seizing Indian lands. Now the Cherokee hoped to use this status to their advantage. The state of Georgia, however, did not recognize their sovereign status, but saw them as visitors living on state land. The Cherokee took their case to the Supreme Court, which ruled against them.
The Cherokee went to the Supreme Court again in 1831. This time they based their appeal on an 1830 Georgia law which banned whites from living on Indian territory after March 31, 1831, without a license from the state. The state legislature had written this law to justify removing white missionaries who were helping the Indians resist removal. The court this time decided in favor of the Cherokee. It stated that the Cherokee had the right to self-government, and declared Georgia's extension of state law over them to be unconstitutional. The state of Georgia refused to abide by the Court decision, however, and President Jackson refused to enforce the law.
INDIAN REMOVAL ACT In 1830, just a year after taking office, Jackson pushed a new law called the "Indian Removal Act" through both houses of Congress. It gave the president power to negotiate removal treaties with Indian tribes living east of the Mississippi. Under these treaties, the Indians were to give up their lands east of the Mississippi in exchange for lands to the west of the river. Indians wishing to remain in the east would become citizens of their home state. This law affected not only the southeastern Indian nations, but many other nations further north. The removal was supposed to be voluntary and peaceful, and it was that way for the tribes that agreed to the conditions. But the southeastern Indian nations resisted, and Jackson forced them to leave.
JACKSON'S ATTITUDE Jackson's attitude toward Native Americans was paternalistic and patronizing -- he described them as children in need of guidance. and believed the removal policy was beneficial to the Indians. Most white Americans thought that the United States would never extend beyond the Mississippi. Removal would save Indian people from bad treatment by whites, and would resettle them in an area where they could govern themselves in peace. But some Americans saw this as an excuse for a brutal and inhumane course of action, and protested loudly against removal.
INDIAN NATIONS REACT TO THE REMOVAL ACT Their protests did not save the southeastern nations from removal, however. The Choctaws were the first to sign a removal treaty, which they did in September of 1830. Some chose to stay in Mississippi under the terms of the Removal Act. But though the War Department made some attempts to protect those who stayed, it was no match for the land-hungry whites who moved onto Choctaw territory or cheated them out of their holdings. Soon most of the remaining Choctaws, weary of mistreatment, sold their land and moved west.
For the next 28 years, the United States government struggled to force relocation of the southeastern nations. A small group of Seminoles was coerced into signing a removal treaty in 1833, but the majority of the tribe declared the treaty illegitimate and refused to leave. The resulting struggle was the Second Seminole War, which lasted from 1835 to 1842. As in the first war, fugitive slaves fought beside the Seminoles who had taken them in. Thousands of lives were lost in the war, which cost the Jackson administration approximately 40 to 60 million dollars -- ten times the amount it had allotted for Indian removal. In the end, most of the Seminoles moved to the new territory. The few who remained had to defend themselves in the Third Seminole War (1855-58), when the U.S. military attempted to drive them out. Finally, the United States paid the remaining Seminoles to move west.
The Creeks also refused to emigrate. They signed a treaty in March, 1832, which opened a large portion of their Alabama land to white settlement, but guaranteed them protected ownership of the remaining portion, which was divided among the leading families. The government did not protect them from speculators, however, who quickly cheated them out of their lands. By 1835 the destitute Creeks began stealing livestock and crops from white settlers. Some eventually committed arson and murder in retaliation for their brutal treatment. In 1836 the Secretary of War ordered the removal of the Creeks as a military necessity. By 1837, approximately 15,000 Creeks had migrated west. They had never signed a removal treaty.
The Chickasaws had seen removal as inevitable, and had not resisted. They signed a treaty in 1832 which stated that the federal government would provide them with suitable western land and would protect them until they moved. But once again, the onslaught of white settlers proved too much for the War Department, and it backed down on its promise. The Chickasaws were forced to pay the Choctaws for the right to live on part of their western allotment. They migrated there in the winter of 1837-38.
TRAIL OF TEARS The Cherokee, on the other hand, were tricked with an illegitimate treaty. In 1833, a small faction agreed to sign a removal agreement: the Treaty of New Echota. The leaders of this group were not the recognized leaders of the Cherokee nation, and over 15,000 Cherokees -- led by Chief John Ross -- signed a petition in protest. The Supreme Court ignored their demands and ratified the treaty in 1836. The Cherokee were given two years to migrate voluntarily, at the end of which time they would be forcibly removed.
By 1838 only 2,000 had migrated; 16,000 remained on their land. The U.S. government sent in 7,000 troops, who forced the Cherokees into stockades at bayonet point. They were not allowed time to gather their belongings, and as they left, whites looted their homes. Then began the march known as the Trail of Tears, in which 4,000 Cherokee people died of cold, hunger, and disease on their way to the western lands.
By 1837, the Jackson administration had removed 46,000 Native American people from their land east of the Mississippi, and had secured treaties which led to the removal of a slightly larger number. Most members of the five southeastern nations had been relocated west, opening 25 million acres of land to white settlement and to slavery.
Taken from the US Library of Congress website
December 6, 1830 - President Andrew Jackson outlined his Indian removal policy in his Second Annual Message to Congress. Jackson's comments on Indian removal begin with the words, "It gives me pleasure to announce to Congress that the benevolent (helpful & kind) policy of the Government, steadily pursued for nearly thirty years, in relation to the removal of the Indians beyond the white settlements is approaching to a happy consummation (conclusion). Two important tribes have accepted the provision made for their removal at the last session of Congress, and it is believed that their example will induce the remaining tribes also to seek the same obvious advantages." |
Taken from the US Library of Congress website
The Indian Removal Act was signed into law by President Andrew Jackson on May 28, 1830, authorizing the president to grant unsettled lands west of the Mississippi in exchange for Indian lands within existing state borders. A few tribes went peacefully, but many resisted the relocation policy. During the fall and winter of 1838 and 1839, the Cherokees were forcibly moved west by the United States government. Approximately 4,000 Cherokees died on this forced march, which became known as the "Trail of Tears." John Ross, Cherokee Chief
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