The Indian Removal Act of 1830
Judicial Review The power of the Supreme Court to declare a law unconstitutional. It is up to the executive and legislative branches to respect the decisions made by the judicial branch
Civilized Tribes Native American tribes that had adopted the culture of white Americans
Compact of 1802 Thomas Jefferson and Georgia signed an agreement that said that GA must cede its land to the US government, in exchange the US government would begin the removal of the Native Americans in their land
The Cherokee Response Work to become a sovereign nation and then deal with the USA Elected a president- John Ross Modeled their government on that of the USA
Georgia’s Response Refuse to recognize the Cherokee Nation Seize Cherokee land 1828- establish laws that strip Cherokee of their rights
1828 Andrew Jackson runs for president Jackson promises to remove the Cherokee if he is elected
1830- The Indian Removal Act The federal government would provide funds to remove the Native Americans from their land. Natives would be forced to travel 800 miles to Indian Territory in present day Oklahoma
Cherokee Response Try to prevent Congress from passing the Act Bring the case to the Supreme Court- 3/1832- Chief Justice John Marshall makes a decision: the laws of Georgia have no force in Cherokee lands. Marshall is declaring GA’s law null and void
Andrew Jackson’s Response- “Chief Justice John Marshall has made his decision now let him enforce it!”
Treaty of Echota John Ross went to Washington to try to get the law changed John Ridge went to D.C. too- he had no authority Ridge signed a treaty with the American government that said the Cherokee would exchange their eastern land for $5 million and land in Oklahoma. He was not representing the majority of the Cherokee- many were VERY UPSET. Jackson quickly sent the treaty to Congress and it was agreed that the Natives would have two years to leave peacefully and then they would be forced to move
1838- the deadline for voluntary removal
Trail of Tears
An 800 mile journey
Land routes and water routes were taken
About 20,000 Cherokee went 1 in 4 Cherokee died