Thoughts on the 1830 Indian Removal Act

Thoughts on the Indian Removal Act of 1830
A Critical Analysis Essay
by
TL Hutton
June 25, 2023

Thesis

         President Andrew Jackson’s Indian Removal Act of 1830 and the subsequent Trail of Tears proved to be cataclysmic events that continue to have a profound impact on Cherokee society, evidenced by the long-term loss of cultural traditions, the unjustified displacement of communities, and socioeconomic struggles that are perpetuated today. As Duane Champagne, Professor of Sociology and American Indian Studies Emeritus at UCLA notes, "The Cherokee people faced decades of turmoil and adjustment as a result of their forced migration, which has left a lasting legacy on their identity and social structure" (Smith, 1994). A reality we see further supported by scholars such as William McLoughlin, Professor of History at Brown University, who documents the lasting trauma resulting from the Trail of Tears, where he explains that "the removal was a critical turning point in Cherokee history, marking the beginning of a period of rapid cultural and social change that continues to shape their lives today" (McLoughlin, 2014). One of the best-documented events in American History, these sources offer direct evidence and insight into the far-reaching and catastrophic consequences of the Indian Removal Act and Trail of Tears, raising a conversation that highlights the urgent need for continual support and reparations to the Cherokee community.

Introduction

         This historical analysis essay will explore the Indian Removal Act of 1830 and its lasting effects on the Cherokee tribe. The Act, deemed unconstitutional by the Supreme Court, granted authority to the President of the United States to relocate eastern Native Americans to lands west of the Mississippi River and established a lasting discourse that has framed discussions of this pivotal historical era. This discourse encompasses American imperialism during the Jacksonian Era, the psycho-social context of civilization versus savagery, cultural entitlement, property rights, states’ rights, tribal sovereignty, and government jurisdiction (Bowes, 2014).
          One of the most tragic events resulting from the Act was the Trail of Tears, during which the Cherokee people were forcibly removed from their ancestral lands in Georgia and marched westward to Indian Territory, present-day Oklahoma. The Cherokee endured great hardships on this journey, which led to the deaths of thousands of men, women, and children.
I          n summary, this essay will examine the Indian Removal Act of 1830 and the lasting effects of the Trail of Tears on the Cherokee tribe. Sources to be used include Bowes’ article on American Indian Removal, Teuton’s book on Cherokee storytelling, and Remini’s work on Andrew Jackson and his policies towards Native Americans.

Arguement

         The Indian Removal Act of 1830 had a profound and lasting impact on the Cherokee Nation, with consequences that continue to shape modern Cherokee society. The Act was driven by a desire for westward expansion and economic growth, as well as a growing cultural entitlement among white Americans who believed their way of life was superior and that Native Americans needed to be assimilated or removed (Perdue, Cherokee Women: Gender and Culture Change, 1700-1835 (Indians of the Southeast Series), 1999). This view was strengthened and perpetuated by President Andrew Jackson’s belief that removing Native Americans from their ancestral lands would not only open up new territories for white settlers but would lead to economic development as well (Bowes, 2014). This was a sentiment seen reflected in the Supreme Court’s decision in Worchestor v. Georgia, which upheld Cherokee sovereignty but was ignored by Jackson and his administration (Perdue, The Legacy of Indian Removal, 2012). The immediate cause of the Indian Removal Act was the discovery of gold in Georgia, which led to a rush of white settlers into Cherokee lands (Bowes, 2014), resulting in the subsequent Trail of Tears. Oversaw by the US Army, this was an inhuman subjugation of the forced relocation of approximately 16,000 Cherokee from their ancestral lands in the southeastern United States to Indian Territory (present-day Oklahoma) in 1838.

         Through various accounts a horrifying picture is framed: the Cherokee rounded up by the U.S. Army at gunpoint, their communities razed, women raped, children murdered, ancestral graves looted for gold and silver, and then forced to march westward to Indian Territory, a journey that led to the unnecessary deaths of thousands of men, women, and children (Ehle, 2011). Not that they suffered enough at the initial enforcement of the Indian Removal Act, but the Cherokee also endured great hardships during the following journey to Indian Territory, including exposure to inclement weather, disease, and hunger. Via these accounts it is clear that the perspectives of the key participants differed greatly: the Cherokee viewed the event as a tragedy and a violation of their sovereignty, while many white Americans saw it as an undeniable and necessary step towards westward expansion and economic growth.

         The resulting consequences of the Indian Removal Act proved immediate and long-term, perpetuated still today. In the short term, the Cherokee suffered as a result of the Trail of Tears, with thousands dying along the way due to disease and exposure or after arriving in Indian Territory. The long-term consequences of the Cherokee losing their ancestral lands and then being forced to adopt a new way of life proved equally devastating as well. The loss of cultural traditions and the displacement of their communities has had a lasting impact on the Cherokee society, which led to socioeconomic struggles that are continued today (McLoughlin, 2014).

         Another key factor to consider is the cultural significance of the Cherokee. The Cherokee used a rich oral storytelling tradition, known as the Turtle Island Liar’s Club, a group of Cherokee storytellers who used humor and wit to convey important cultural values and beliefs. The Liar’s Club served as a poignant facet of Cherokee identity that played a crucial role in preserving their culture and history, detailing how their stories helped reinforce a sense of community and shared history (Teuton, 2012).

         It is clear that the Trail of Tears had a devastating impact on the Cherokee’s ability to preserve their cultural heritage and traditions. The forced removal from their ancestral lands and assimilation into American culture resulted in many Cherokees being unable to pass down their cultural practices to future generations. The loss of their cultural traditions proved to have a devastating impact on Cherokee society, contributing to a sense of cultural dislocation and their struggle to maintain a sense of identity (Champagne, 1994).

         Reflecting a broader, collective desire for westward expansion and economic growth, Andrew Jackson’s policy of Native American removal disregarded the expense of Indigenous peoples, fueled in part by the belief in Manifest Destiny: the profound idea that it was the divine mission of the United States to expand westward to spread American values and institutions to the infidels, inferiors, and savages.
However, the Cherokee are a resilient people, and despite the challenges faced the Cherokee Nation has made significant strides over the last 40 years such as the development of a modern government system with an elected principal chief and council (Cherokee Nation Website, n.d.). Also, through business enterprises such as gaming and hospitality, they have established a thriving tribal economy, as well as making significant investments in its people’s education, healthcare, and cultural preservation, with a focus on revitalizing the Cherokee language and traditions (Cherokee Nation Website, n.d.).

         Despite their resilience, Land Rights remains a contentious, ongoing struggle for the Cherokee Nation and Oklahoma. The Cherokee Nation has fought to protect their sovereign rights and maintain control over their lands. The most recent dispute was over the McGirt v. Oklahoma case, which affirmed the reservation status of the Muscogee (Creek) Nation, holding potential implications for the Cherokee Nation's lands (Muscadmin, 2023).

         Highlighting the US government's disregard for Native American sovereignty and rights, the Indian Removal Act of 1830 had catastrophic consequences for the Cherokee Nation and other Native American tribes. The forced relocation of the Cherokee violated their rights as a sovereign entity, resulting in the loss of cultural traditions, contributing to socioeconomic struggles and a sense of cultural dislocation. The subsequent Trail of Tears proved a critical turning point in Cherokee history, signifying the beginning of a period of rapid cultural and social change that has continued to shape their lives today. The writings of William McLoughlin and Duane Champagne document the lasting trauma resulting from the Trail of Tears and its profound impact on the Cherokee Nation (McLoughlin, 2014) (Champagne, 1994). Joseph Perdue's work highlights the disruption of Cherokee gender roles, family structures, and social institutions (Perdue, Cherokee Women: Gender and Culture Change, 1700-1835 (Indians of the Southeast Series), 1999). The forced migration of the Cherokee has left a lasting legacy on their identity and social structure that is visible still today.

Conclusion

         As a Mexican Cherokee American, the Indian Removal Act of 1830 and the Trail of Tears are important to me personally because they represent a dark chapter in the history of Native American relations with the United States government. In such, these events represent a betrayal of trust by the United States government, who had promised to protect Native American sovereignty and land rights, but forced tribes from their ancestral lands, disrupted their communities, destroyed their cultures, resulting in the deaths of thousands of people. For me, the Indian Removal Act and the Trail of Tears serve as a stark reminder of the human cost of these policies and the trauma that continues to affect my people to this day. As part of the Native American community, it is important that I remember and honor the sacrifices of my ancestors who suffered through these atrocities. As well, it is important that I continue to advocate for Indigenous and Native American rights and sovereignty in the face of ongoing challenges and injustices.

         A historian pursuing this subject further could explore the broader historical context of the Indian Removal Act of 1830 and the Trail of Tears by examining the political, economic, and social factors that led to these events. As well, they could research the individual experiences of Native American tribes during this period to understand the diversity of ways they were impacted by the forced removal or the perpetuated legacy of the Indian Removal Act and Trail of Tears and how these events continue to shape Native American communities and their relationships with the US government. For example, this research could include how Native American communities have responded to these events, their efforts to preserve their cultures, reclaim their land rights, and seek justice for past injustices. Finally, by exploring the broader implications of the Indian Removal Act and the Trail of Tears for American history and society could glean how these events have shaped American attitudes towards Native Americans and their place in American society. This could involve examining the ways in which Native American history and culture have been represented in popular culture, as well as the ongoing efforts to acknowledge and address the legacy of these dark events in American society.

Works Cited

Bowes, J. P. (2014). American Indian Removal beyond the Removal Act. Native American and Indigenous Studies, 1(1), 65-87. Retrieved from https://doi.org/10.5749/natiindistudj.1.1.0065

Champagne, D. (1994). Social change and cultural dislocation: The Cherokee experience. American Indian Quarterly, 163-180. Retrieved from https://search-ebscohost-com.ezproxy.snhu.edu/login.aspx?direct=true&db=edsjsr&A...

Cherokee Nation Website. (n.d.). Retrieved from Our Goverment: https://www.cherokee.org/our-government/cherokee-nation-constitution/

Ehle, J. (2011). Trail of Tears: The Rise and Fall of the Cherokee Nation. United Kingdom: Knopf Doubleday Publishing Group.

McLoughlin, W. G. (2014). After the Trail of Tears: The Cherokees' Struggle for Sovereignty, 1839-1880. UNC Press Books.

Muscadmin. (2023). Muscogee (Creek) Nation statement regarding U.S. Supreme Court decision. Retrieved from The Muscogee Nation: https://www.muscogeenation.com/2020/07/09/muscogee-creek-nation-statement-regard...

Perdue, T. (1999). Cherokee Women: Gender and Culture Change, 1700-1835 (Indians of the Southeast Series). Lincoln, Nebraska: Bison Books, University of Nebraska Press.

Perdue, T. (2012). The Legacy of Indian Removal. The Journal of Southern History, 78(1), 3-36. Retrieved from http://www.jstor.org/stable/23247455

Remini, R. V. (2002). Andrew Jackson & His Indian Wars. Penguin Group USA.
Smith, J. C. (1994). The Native North American Almanac: A Reference Work on Native North Americans in the United States and Canada

Duane Champagne. RQ, 33(4), 559–560. Retrieved from https://eds-s-ebscohost-com.ezproxy.snhu.edu/eds/detail/detail?vid=1&sid=2d3fe63...

Teuton, C. B. (2012). Cherokee Stories of the Turtle Island Liars' Club: Dakasi Elohi Anigagoga Junilawisdii (turtle, Earth, the Liars, Meeting Place). University of North Carolina Press.