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Trail of Tears websites - Mr. Boushey's Classroom

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Migration from the original Cherokee Nation began in the early 1800's. Some Cherokees, wary of white encroachment, moved west on their own and settled in other areas of the country. A group known as the Old Settlers previously had voluntarily moved in 1817 to lands given them in Arkansas where they established a government and a peaceful way of life. Later, however, they were forced to migrate to Indian Territory.

White resentment of the Cherokee had been building and reached a pinnacle following the discovery of gold in northern Georgia. This discovery was made just after the the creation and passage of the original Cherokee Nation constitution and establishment of a Cherokee Supreme Court. Possessed by "gold fever" and a thirst for expansion, many white communities turned on their Cherokee neighbors. The U.S. government ultimately decided it was time for the Cherokees to be "removed"; leaving behind their farms, their land and their homes.

President Andrew Jackson's military command and almost certainly his life were saved thanks to the aid of 500 Cherokee allies at the Battle of Horseshoe Bend in 1814. Unbelievably, it was Jackson who authorized the Indian Removal Act of 1830 following the recommendation of President James Monroe in his final address to Congress in 1825. Jackson, as president, 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. The Reverend Samuel Worcester, missionary to the Cherokees, challenged Georgia's attempt to estinguish Indian title to land in the state, actually winning his case before the Supreme Court.

Worcester vs. Georgia, 1832 and Cherokee Nation vs. Georgia, 1831 are considered the two most influential legal decisions in Indian law. The U.S. Supreme Court ruled for Georgia in the 1831 case, but in Worcester vs. Georgia, the court affirmed Cherokee sovereignty. President Andrew Jackson arrogantly defied the decision of the court and ordered the removal, an act that established the U.S. government's precedent for the future removal of many Native Americans from their ancestral homelands.

The U.S. government used the Treaty of New Echota in 1835 to justify the removal. The treaty, signed by about 100 Cherokees known as the Treaty Party, relinquished all lands east of the Mississippi River in exchange for land in Indian Territory and the promise of money, livestock, various provisions, tools and other benefits.

When these pro-removal Cherokee leaders signed the Treaty of New Echota, they also signed their own death warrants, since the Cherokee Nation Council had earlier passed a law calling for the death of anyone agreeing to give up tribal land. The signing and the removal led to bitter factionalism and ultimately to the deaths of most of the Treaty Party leaders once the Cherokee arrived 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 their southeastern homeland.

Under orders from President Jackson the U.S. Army began enforcement of the Removal Act. The Cherokee 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.

An estimated 4,000 died from hunger, exposure and disease. The journey became a cultural memory as the "trail where they cried" for the Cherokees and other removed tribes. Today it is widely remembered by the general public as the "Trail of Tears". The Oklahoma chapter of the Trail of Tears Association has begun the task of marking the graves of Trail survivors with bronze memorials.

This Information is provided by the Cherokee Nation Cultural Resource Center. For information regarding culture and language, please contact: cultural@cherokee.org.

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Migration from the original Cherokee Nation began in the early 1800's. Some Cherokees, wary of white encroachment, moved west on their own and settled in other areas of the country. A group known as the Old Settlers previously had voluntarily moved in 1817 to lands given them in Arkansas where they established a government and a peaceful way of life.

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Visit this site for the Trail of Tears Map. Map of Trail of Tears. Trail of Tears Map for kids.

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PBS - THE WEST - Events from 1830 to 1840

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The Indian Removal Act, passed with strong support from President Andrew Jackson, authorizes the federal government to negotiate treaties with eastern tribes exchanging their lands for land in the West. All costs of migration and financial aid to assist resettlement are provided by the government.

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The Cherokee Nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves or in conformity with treaties and with the acts of Congress.

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The Library of Congress is home to many of the most important documents in American history. This Web site provides links to materials digitized from the collections of the Library of Congress that supplement and enhance the study of these crucial documents.

The links at right highlight eras of American History. Each of these sections link to a list of important documents from that era. For each item on these lists there is a page with background information about the document, a list of links to digital materials concerning that document from the Library's site and elsewhere, and bibliographies both for general readers and for younger readers.

Sections and Topics:

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The Library of Congress is home to many of the most important documents in American history. This Web site provides links to materials digitized from the collections of the Library of Congress that supplement and enhance the study of these crucial documents. Each section of this site links to a list of important documents from that era.

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An Act to provide for an exchange of lands with the Indians residing in any of the states or territories, and for their removal west of the river Mississippi.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall and may be lawful for the President of the United States to cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any state or organized territory, and to which the Indian title has been extinguished, as he may judge necessary, to be divided into a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside, and remove there; and to cause each of said districts to be so described by natural or artificial marks, as to be easily distinguished from every other.

And be it further enacted, That it shall and may be lawful for the President to exchange any or all of such districts, so to be laid off and described, with any tribe or nation of Indians now residing within the limits of any of the states or territories, and with which the United States have existing treaties, for the whole or any part or portion of the territory claimed and occupied by such tribe or nation, within the bounds of any one or more of the states or territories, where the land claimed and occupied by the Indians, is owned by the United States, or the United States are bound to the state within which it lies to extinguish the Indian claim thereto.

And be it further enacted, That in the making of any such exchange or exchanges, it shall and may be lawful for the President solemnly to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guaranty to them, and their heirs or successors, the country so exchanged with them; and if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same: Provided always, That such lands shall revert to the United States, if the Indians become extinct, or abandon the same.

And be it further enacted, That if, upon any of the lands now occupied by the Indians, and to be exchanged for, there should be such improvements as add value to the land claimed by any individual or individuals of such tribes or nations, it shall and may be lawful for the President to cause such value to be ascertained by appraisement or otherwise, and to cause such ascertained value to be paid to the person or persons rightfully claiming such improvements. And upon the payment of such valuation, the improvements so valued and paid for, shall pass to the United States, and possession shall not afterwards be permitted to any of the same tribe.

And be it further enacted, That upon the making of any such exchange as is contemplated by this act, it shall and may be lawful for the President to cause such aid and assistance to be furnished to the emigrants as may be necessary and proper to enable them to remove to, and settle in, the country for which they may have exchanged; and also, to give them such aid and assistance as may be necessary for their support and subsistence for the first year after their removal.

And be it further enacted, That it shall and may be lawful for the President to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever.

And be it further enacted, That it shall and may be lawful for the President to have the same superintendence and care over any tribe or nation in the country to which they may remove, as contemplated by this act, that he is now authorized to have over them at their present places of residence: Provided, That nothing in this act contained shall be construed as authorizing or directing the violation of any existing treaty between the United States and any of the Indian tribes.

And be it further enacted, That for the purpose of giving effect to the Provisions of this act, the sum of five hundred thousand dollars is hereby appropriated, to be paid out of any money in the treasury, not otherwise appropriated.

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An Act to provide for an exchange of lands with the Indians residing in any of the states or territories, and for their removal west of the river Mississippi.