| The Story Behind the Facts |
| In the 1830's the Congress of the United States passed the Indian Removal Act. Although many Americans were against the act, most notably Tennessee Congressman Davy Crockett, it passed anyway. President Andrew Jackson quickly signed the bill into law. The Cherokee's attempted to fight removal legally by challenging the removal laws in Supreme Court and by establishing an independent Cherokee Nation. At first the court seemed to rule against the Indians. In Cherokee Nation vs Georgia, the court refused to hear a case extending Georgia laws on the Cherokee because they did not represent a sovereign nation. In 1832, the U.S. Supreme Court ruled favor of the Cherokee on the same issue in Warcester vs Georgia. In this case Chief Justice John Marshall ruled that the Cherokee Nation was sovereign, making the removal laws invalid. The Cherokee's would have to agree to removal in a treaty. The treaty then would have to be ratified by the Senate. In 1835 the Cherokee were divided and despondent. Most supported Principle Chief John Ross who fought the encroachment of Whites starting with the 1832 land lottery. however, few went with Major Ridge, his son John and Elias Boudinot, who advocated removal. the Treaty of New Echota, signed by Ridge and members of Treaty Party in 1835, gave Jackson legal document he needed to remove the First Americans. Ratification of the treaty by the U.S. Senate sealed the fate of the Cherokee. Few who spoke out against was Daniel Webster and Henry Clay (The Great Compromiser). In 1838 the U.S. begun the removal to Oklahoma, fulfilling a promise the government made to Georgia in 1802. General Winfiled Scott arrived at New Echota on May 17, 1838 with 7,000 men and begun the invasion of the Cherokee Nation. In one of the saddest episodes in our history; men, women, and children were taken from thier land, herded into makshift forts with minimal facilities and food, then forced to march 1,000 miles (Some made part of the trip by boat, also equally horrible conditions). Under generally indifferent Army commanders, human losses for the 1st group of Cherokee removed were extremely high. John Ross(to the left) made an urgent appeal to Scott. General Scott agreed. Ross organized the Cherokee into smaller groups and let them move seperately to forage for food. Ross left in early fall and arrived in Oklahoma during the brutal winter of 1838-1839, he signigicantly reduced the loss of life among his people. About 4,000 died as a result of the removal. It became known as Nunna Dual Tsuny, "The trail where they cried." The Cherokee killed Major Ridge, his son, and Elias Boudinot for signing the Treaty of New Echota. Chief Ross lost his wife Quotie in the march. And so a country formed 50 years earlier on the promise "...That all men are create equal, and that they are endowed by their Creator with certain unalienable rights, among these the right to life, liberty and pursuit of happiness..." brutally closed the curtain on a culture that had done no wrong. |
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