Trail of Tears - Cherokee Forced Relocation

Cherokee Forced Relocation

In 1838, the Cherokee people were forcibly removed from their lands in the Southeastern United States to the Indian Territory (present day Oklahoma) in the Western United States, which resulted in the deaths of approximately 4,000 Cherokees. In the Cherokee language, the event is called Nu na da ul tsun yi—“the Place Where They Cried”. The Cherokee Trail of Tears resulted from the enforcement of the Treaty of New Echota, an agreement signed under the provisions of the Indian Removal Act of 1830, which exchanged Native American land in the East for lands west of the Mississippi River, but which was never accepted by the elected tribal leadership or a majority of the Cherokee people.

Tensions between Georgia and the Cherokee Nation were brought to a crisis by the discovery of gold near Dahlonega, Georgia, in 1829, resulting in the Georgia Gold Rush, the first gold rush in U.S. history. Hopeful gold speculators began trespassing on Cherokee lands, and pressure began to mount on the Georgia government to fulfill the promises of the Compact of 1802.

When Georgia moved to extend state laws over the Cherokee lands in 1830, the matter went to the U.S. Supreme Court. In Cherokee Nation v. Georgia (1831), the Marshall court ruled that the Cherokee Nation was not a sovereign and independent nation, and therefore refused to hear the case. However, in Worcester v. Georgia (1832), the Court ruled that Georgia could not impose laws in Cherokee territory, since only the national government — not state governments — had authority in Indian affairs.

Jackson had no desire to use the power of the national government to protect the Cherokees from Georgia, since he was already entangled with states’ rights issues in what became known as the nullification crisis. With the Indian Removal Act of 1830, the U.S. Congress had given Jackson authority to negotiate removal treaties, exchanging Indian land in the East for land west of the Mississippi River. Jackson used the dispute with Georgia to put pressure on the Cherokees to sign a removal treaty.

Nevertheless, the treaty, passed by Congress by a single vote, and signed into law by President Andrew Jackson, was imposed by his successor President Martin Van Buren who allowed Georgia, Tennessee, North Carolina, and Alabama an armed force of 7,000 made up of militia, regular army, and volunteers under General Winfield Scott to round up about 13,000 Cherokees into concentration camps at the U.S. Indian Agency near Cleveland, Tennessee before being sent to the West. Most of the deaths occurred from disease, starvation and cold in these camps. Their homes were burned and their property destroyed and plundered. Farms belonging to the Cherokees for generations were won by white settlers in a lottery. After the initial roundup, the U.S. military still oversaw the emigration until they met the forced destination. Private John G. Burnett later wrote, "Future generations will read and condemn the act and I do hope posterity will remember that private soldiers like myself, and like the four Cherokees who were forced by General Scott to shoot an Indian Chief and his children, had to execute the orders of our superiors. We had no choice in the matter."

In the winter of 1838 the Cherokee began the thousand-mile march with scant clothing and most on foot without shoes or moccasins. The march began in Red Clay, Tennessee, the location of the last Eastern capital of the Cherokee Nation. Because of the diseases, the Indians were not allowed to go into any towns or villages along the way; many times this meant traveling much farther to go around them. After crossing Tennessee and Kentucky, they arrived in Southern Illinois at Golconda about the 3rd of December 1838. Here the starving Indians were charged a dollar a head (equal to $21.83 today) to cross the river on "Berry's Ferry" which typically charged twelve cents, equal to $2.62 today. They were not allowed passage until the ferry had serviced all others wishing to cross and were forced to take shelter under "Mantle Rock," a shelter bluff on the Kentucky side, until "Berry had nothing better to do". Many died huddled together at Mantle Rock waiting to cross. Several Cherokee were murdered by locals. The killers filed a lawsuit against the U.S. Government through the courthouse in Vienna, suing the government for $35 a head (equal to $763.88 today) to bury the murdered Cherokee.

On December 26, Martin Davis, Commissary Agent for Moses Daniel's detachment, wrote: "There is the coldest weather in Illinois I ever experienced anywhere. The streams are all frozen over something like 8 or 12 inches (20 or 30 cm) thick. We are compelled to cut through the ice to get water for ourselves and animals. It snows here every two or three days at the fartherest. We are now camped in Mississippi swamp 4 miles (6.4 km) from the river, and there is no possible chance of crossing the river for the numerous quantity of ice that comes floating down the river every day. We have only traveled 65 miles (105 km) on the last month, including the time spent at this place, which has been about three weeks. It is unknown when we shall cross the river...."

Removed Cherokees initially settled near Tahlequah, Oklahoma. When signing the Treaty of New Echota in 1835 Major Ridge said "I have signed my death warrant." The resulting political turmoil led to the killings of Major Ridge, John Ridge, and Elias Boudinot; of the leaders of the Treaty Party, only Stand Watie escaped death. The population of the Cherokee Nation eventually rebounded, and today the Cherokees are the largest American Indian group in the United States.

There were some exceptions to removal. Perhaps 100 Cherokees evaded the U.S. soldiers and lived off the land in Georgia and other states. Those Cherokees who lived on private, individually owned lands (rather than communally owned tribal land) were not subject to removal. In North Carolina, about 400 Cherokees, known as the Oconaluftee Cherokee, lived on land in the Great Smoky Mountains owned by a white man named William Holland Thomas (who had been adopted by Cherokees as a boy), and were thus not subject to removal. Added to this were some 200 Cherokee from the Nantahala area allowed to stay in the Qualla Boundary after assisting the U.S. Army in hunting down and capturing the family of the old prophet, Tsali. (Tsali faced a firing squad.) These North Carolina Cherokees became the Eastern Band of the Cherokee Nation.