For as he stated in his address:

Because of their wandering ways, Jackson believed that civilizing them had been a failure.  However, he did concede that in Georgia and Alabama , some Native Americans became more civilized.

An additional problem Jackson addressed centered on the fact that these civilized Natives wanted to rule themselves.  He felt strongly that they did not have the right to form sovereign nations within states.   Jackson stated that he “informed the Indians inhabiting parts of Georgia and Alabama that their attempt to establish an independent government would not be countenanced by the Executive of the United States , and advised them to emigrate beyond the Mississippi or submit to the laws of those States.” [ii] Thus, in the same address he suggested that lands west of the Mississippi river should be set up so that Native Americans can migrate to them.  Here they would be able to live and rule themselves.  However, he also stressed that this migration should be voluntary.[iii]

In 1830, Congress passed and Andrew Jackson signed the Indian Removal Act.  This act would remove Native Americans from the south and place them west of the Mississippi river .  The act was supposed to be voluntary and those who wished to remain could do so.  However, in reality, the sole object of this Act was to remove Native Americans whether they wished to stay or not.[iv] Thus, with this act signed into law, five nations of the Southeast, the Creeks, Cherokees, Choctaws, Chickasaws, and Seminoles began their ‘Trail of Tears”. 

After the Act became law, attempts to get Native Americans to move west began.  The Federal government stood by idly as southern states passed and created situations, which they believed would encourage Native Americans to migrate west.  At the same time, there were individuals and groups who tried to stop some of these actions through the courts.  These were mostly missionaries and Native American sympathizers who tried to help Native Americans remain east of the Mississippi .  One case against Samuel Worcester challenged Georgia state law.  Samuel Worcester, imprisoned for missionary work, claimed that the state of Georgia had no right to stop him from his work within the Cherokee nation. On the other hand, the state of Georgia disagreed.  The case made its way to the Supreme Court.[v]  Chief Justice John Marshall ruled in Samuel Worcester favor; that states did not have sovereign rights to supersede federal authority.  However, Jackson was not concerned about this decision because he apparently said, “Justice Marshall has made his decision, now let him enforce it.”[vi]