It is history that court action slowed down the Cherokee's removal to a degree. As the court cases went on, the Georgia government was selling 160-acre plots of farmland, and 40-acre mining sites. Even a song was created by the settlers while waiting for the Cherokees to be removed.

While the Cherokees were fighting for the right to stay on their land, most of the other Indian Nations wielded to the United State's power, only the Seminoles warred against the United States, but to no avail. The migration of the Choctaw began during the winter of 1831, where many were barefoot without any coats or blankets. The Creek, and Chickasaw suffered the same fate as the Choctaw.

A working treaty was made between the Cherokee and the United States in 1835. The terms of the agreement included the forfeit of current lands, for new lands in the west; plus a cash settlement. Lewis Cass cried foul, claiming that only one-twentieth of the Cherokee population actually signed the bill and that bribery might have been involved. John Ridge, the Cherokee leader at the time, was believed to be bribed by government officials into accepting the treaty. A congressional committee was set up to investigate the fraud, but the treaty was eventually ratified. John Ross did petition against the treaty, but the appeal was not considered. Deportation was to start in October, 1838.