10.4 Indian removal  (Page 2/8)

The indian removal act

In his first message to Congress, Jackson had proclaimed that Indian groups living independently within states, as sovereign entities, presented a major problem for state sovereignty. This message referred directly to the situation in Georgia, Mississippi, and Alabama, where the Creek, Choctaw, Chickasaw, Seminole, and Cherokee peoples stood as obstacles to white settlement. These groups were known as the Five Civilized Tribes    , because they had largely adopted Anglo-American culture, speaking English and practicing Christianity. Some held slaves like their white counterparts.

Whites especially resented the Cherokee in Georgia, coveting the tribe’s rich agricultural lands in the northern part of the state. The impulse to remove the Cherokee only increased when gold was discovered on their lands. Ironically, while whites insisted the Cherokee and other native peoples could never be good citizens because of their savage ways, the Cherokee had arguably gone farther than any other indigenous group in adopting white culture. The Cherokee Phoenix , the newspaper of the Cherokee, began publication in 1828 ( [link] ) in English and the Cherokee language. Although the Cherokee followed the lead of their white neighbors by farming and owning property, as well as embracing Christianity and owning their own slaves, this proved of little consequence in an era when whites perceived all Indians as incapable of becoming full citizens of the republic.

Jackson’s anti-Indian stance struck a chord with a majority of white citizens, many of whom shared a hatred of nonwhites that spurred Congress to pass the 1830 Indian Removal Act . The act called for the removal of the Five Civilized Tribes from their home in the southeastern United States to land in the West, in present-day Oklahoma. Jackson declared in December 1830, “It gives me pleasure to announce to Congress that the benevolent policy of the Government, steadily pursued for nearly thirty years, in relation to the removal of the Indians beyond the white settlements is approaching to a happy consummation. Two important tribes have accepted the provision made for their removal at the last session of Congress, and it is believed that their example will induce the remaining tribes also to seek the same obvious advantages.”

The Cherokee decided to fight the federal law, however, and took their case to the Supreme Court. Their legal fight had the support of anti-Jackson members of Congress, including Henry Clay and Daniel Webster, and they retained the legal services of former attorney general William Wirt. In Cherokee Nation v. Georgia , Wirt argued that the Cherokee constituted an independent foreign nation, and that an injunction (a stop) should be placed on Georgia laws aimed at eradicating them. In 1831, the Supreme Court found the Cherokee did not meet the criteria for being a foreign nation.