Cherokee Gold, Andrew Jackson, and the Dark Time of Indian Removal

One of the darkest times in American History took place from 1838 to 1839 when the United States Government relocated nearly all Native American Indians living in the American Southeast from their ancestral lands to Indian Territory (present-day Oklahoma). The ordeal ended with the horrific “Trail of Tears” — the forced removal of the Cherokee Nation that resulted in thousands of deaths.

Andrew Jackson was the 7th President of the United States.Photo byAmerican History Central

Indian Treaties and America’s Westward Expansion

After the American Revolutionary War, Great Britain ceded territory in present-day Ohio, Indiana, Illinois, Wisconsin, and Minnesota to the United States. This region became the Northwest Territory and was primarily inhabited by Indian tribes, making conflicts between American pioneers and Indians inevitable.

Map of the United States in 1790.Photo byWikimedia

The United States Government signed treaties with Indian tribes to ease tensions with pioneers as they moved into the Northwest Territory and other unsettled regions of the new nation, including the American Southwest.

However, these treaties were often used to obtain land and involved negotiations where tribes would cede their territories in exchange for promises of compensation or other lands. Many times, the Indians were forced to agree to treaties, which displaced them from their ancestral hunting grounds and territories.

The Indian Removal Act

In 1830, the Indian Removal Act was passed by Congress and signed by President Andrew Jackson on May 28, 1830, despite vocal opposition from prominent men like David Crockett of Tennessee.

Tennessee Congressman, David CrockettPhoto byAmerican History Central

The act was intended to remove Indian tribes living in areas east of the Mississippi River to western lands known as “Indian Territory.” This was defined as the area west of the Mississippi River but excluded the states of Missouri and Iowa as well as the Territory of Arkansas. 

Under its terms, the government was supposed to negotiate a treaty with each tribe and create a legally binding agreement where the tribe traded its ancestral hunting lands for new lands.

However, the act also gave the government the authority to use military force to relocate tribes who refused to relocate or were too slow to move. In some cases, this ignored the terms of existing treaties and Supreme Court decisions that protected the rights of Indians.

This led to the forced migration of thousands of Indians, especially Cherokee People, in an event known as the “Trail of Tears.”

Early 19th Century Westward Expansion

At the dawn of the 19th Century, Americans started settling in the backcountry areas of the coastal South and then further into the territories that would later become Alabama and Mississippi. 

These Americans were eager for new land to farm and develop, but the presence of Indian tribes created a barrier to westward expansion. Settlers frequently asked the government to help deal with the Indians.

President Thomas Jefferson and President James Monroe — both Democratic-Republicans — suggested trading ancestral lands for western lands. However, both were focused on international issues with France and England that led to the War of 1812. During the war, many Indian tribes allied with Great Britain, but remained under American rule after the Treaty of Ghent was signed, ending the war.

Andrew Jackson and the Battle of Horseshoe Bend

Toward the end of the war, the first significant transfer of land from Indian tribes to the government under coercion took place with the Treaty of Fort Jackson (August 9, 1814).

In 1814, General Andrew Jackson led a military campaign against the Creek Indians, ending with the Battle of Horseshoe Bend (March 27, 1814). This battle took place in what is now Alabama, near the Georgia border. Jackson’s forces decisively defeated the Creek, effectively ending their military resistance.

Battle of Horseshoe BendPhoto byWikimedia

Afterward, Jackson imposed a treaty on the Creek, forcing them to cede more than 20 million acres of their ancestral land to the United States. This land included about half of what is now Alabama and one-fifth of Georgia. This was a substantial loss for the Creek and a major expansion of territory for American pioneers.

Over the next 10 years, Jackson remained a leading figure in the campaign to remove Indians from their lands. He was instrumental in negotiating 9 of the 11 major treaties that led to the removal of Indian tribes.

The Five Civilized Tribes

Many Indian tribes understood there was little they could do to resist the westward expansion of Americans, including the Creek, Cherokee, Chickasaw, and Choctaw. Together with the Seminole, these were known as the “Five Civilized Tribes.”

Rather than take up arms against the United States, all these tribes except the Seminole decided to work with the government.

They gave up significant portions of their territory, in hopes they would be able to retain and remain on at least some of their ancestral lands.

The Seminoles resisted in a series of conflicts known as the Seminole Wars.

Legal Foundations of Indian Removal

From a legal standpoint, the United States Constitution granted Congress the authority to “regulate commerce with foreign nations, and among the several States, and with the Indian tribes.” This clause provided the government with the authority to manage interactions and agreements with Indian Nations.

In early treaties between the government and the Indias, the tribes generally acknowledged themselves to be “under the protection of the United States of America, and of no other sovereign whosoever.”

This established a legal framework — and precedent — that placed Indians under U.S. authority, subjecting them to federal policies and regulations.

Cherokee Gold

In 1828, gold was discovered in Cherokee Territory in northern Georgia. This set in motion the series of events that led to the Indian Removal Act.

Americans moved into the region, seeking gold. The Georgia government enacted laws that allowed Cherokee lands to be confiscated and sold to pioneers through a lottery system (Gold Lottery of 1832).

To counter this, the Jackson Administration (1829–1837) looked to develop an Indian policy based on the established precedents and legal authority.

Ultimately, the goal was to remove the Indians from their ancestral lands which would allow the Southern states to, as Jackson said, “enable those states to advance rapidly in population, wealth, and power.”

Implementation of the Indian Removal Act of 1830

To achieve the relocation of the Indians, President Jackson urged Congress to pass the Indian Removal Act.

This act established a formal process by which the President could allocate land west of the Mississippi River to tribes that agreed to relinquish their ancestral homelands in the eastern United States.

It included provisions that incentivized tribes to agree to relocation. It offered financial assistance, supplies, and transportation to help them travel to their new territories and start new lives. It also guaranteed they would live on their new lands under the perpetual protection of the United States Government.

Once the Indian Removal Act was signed, government officials used various tactics to secure the necessary agreements from the Indian tribes. They used persuasion, bribery, and threats to convince them to sign treaties and vacate their lands.

Worcester v. Georgia

The Cherokee Nation sued Georgia regarding its laws related to them. The case, Worcester v. Georgia, went to the Supreme Court, which ruled in favor of the Cherokee Nation. 

Chief Justice John Marshall said the Indian nations were “distinct, independent political communities retaining their original natural rights.” This recognized that Indian tribes were sovereign nations and immune from state laws.

Jackson refused to uphold the court’s decision. According to legend, he said, “John Marshall has made his decision; now let him enforce it.”

Treaty of New Echota

In 1835, Cherokees living in Georgia signed the Treaty of New Echota. Although these Cherokees did not represent the Cherokee Nation, the U.S. government applied the terms of the treaty to all Cherokee tribes.

Under the terms, the Cherokees received $5 million and a tract of land in Indian Territory. It also required them “to remove west within two years” of ratification.

The treaty was ratified by Congress despite opposition from prominent political leaders like Daniel Webster and Henry Clay. The Cherokee Nation, led by Principal Chief John Ross, continued to resist removal from their lands.

Success of the Indian Removal Policy

President Jackson’s administration largely achieved its goals regarding the Indian removal policy. By the end of his presidency, Jackson had signed nearly 70 removal treaties, which led to the relocation of approximately 50,000 Indians from the eastern United States to Indian Territory.

This relocation opened millions of acres of land east of the Mississippi River to American pioneers and played a significant role in the westward expansion of the United States.

Although the original size of the Indian Territory promised to the Indians was large, the government confided them to a smaller region, which is essentially present-day eastern Oklahoma. This is where most of the tribes were relocated.

Trail of Tears

By 1837, roughly 2,000 Cherokees had moved to Indian Territory. Another 16,000 remained in the American Southeast until President Martin Van Buren (Jackson's successor) ordered the United States Army to organize an expedition and forcibly remove the Cherokees. Van Buren justified the forced removal by saying it would benefit the Indians:

“...they can be protected from those associations and evil practices which exert so pernicious and destructive an influence over their destinies. They can be induced to labor and to acquire property, and its acquisition will inspire them with a feeling of independence. Their minds can be cultivated, and they can be taught the value of salutary and uniform laws and be made sensible of the blessings of free government and capable of enjoying its advantages…”

Trail of TearsPhoto byNorth Carolina Department of Natural Resources

The expedition included 7,000 soldiers and was led by General Winfield Scott. In 1838, the Indians were removed from their homes in Georgia, Alabama, Tennessee, and North Carolina and transported to 10 camps in Tennessee and one in Alabama.

From these camps, they were marched, under military escort, to eastern Oklahoma.

The harsh journey, known as the Trail of Tears, was marked by brutal conditions, leading to the deaths of 3,000-4,000 Cherokees.

Trail of Tears RoutesPhoto byBritannica

Aftermath of Indian Removal in the American South

By the 1840s, the landscape of the American South had drastically changed. With the exception of a small number of Seminoles living in remote swamps in Florida, no Indian tribes remained in the region stretching from the Atlantic Ocean to the Mississippi River. 

This transformation was the result of a combination of coerced treaties and the violation of existing treaties and judicial decisions.

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