The constitution of the United States reads; “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain inalienable rights that among these are life, liberty and the pursuit of happiness.” This didn’t seem to apply to the Native Americans. An instance in which the Jacksonian Democrats violated the Constitution was during the "Trail of Tears". The Cherokee Indians called the journey Nunahi-Duna-Dlo-Hilu-I, which translates to "Trail Where They Cried”, now known as the “Trail of Tears”. The Supreme Court stated that the Jacksonian Democrats' actions were unconstitutional because they had issued the "Indian Removal Act". By doing this, they were in violation of the treaty of …show more content…
The United States Supreme Court said the land belonged to the Indians. Andrew Jackson was the only president in the history of the United States to openly defy a Supreme Court order. Jackson is said to have exclaimed “John Marshall has made his decision; now let him enforce it.” (Foner, 303) Andrew Jackson disregarded the Supreme Court ruling and forced the Native Americans to move westward. The Trail of Tears is one of Jackson’s most infamous legacies (Warshauer, Matthew). Once Andrew Jackson left office as President, the newly elected President Van Buren followed through with the plans of the Manifest Destiny and the Indians would not stop the settler’s greed for new lands and the promise of riches. Native Americans were forcibly removed from their native homes by federal soldiers under Van Buren. (Foner) They were moved east of the Mississippi River to the newly established "Indian Territories" in the west. The Cherokee Trail of Tears resulted from the execution of the Treaty of New Echota of 1835 which was an “agreement” signed under the Indian Removal Act of 1830. Hundreds and thousands of Native Americans, occupied many acres of land in Georgia, Tennessee, Alabama, North Carolina, and Florida, and many more tribes were removed from their homes and marched along the thousand mile trail to what is now present-day
After all the work that the Indians did to fit in and be like the white men, what they got in return was never being able to get their land and go on an 800 mile forced journey to present day Oklahoma. This journey was called the Trail of Tears. Andrew Jackson thought that it would be safe for the Natives to leave their land to prevent any conflict. He also stated that, “…send the natives to a land where they may live longer and possibly survive as a
In an article entitled “Indian-KIller Andrew Jackson Deserves Top Spot On List of Worst U.S. Presidents” by Gale Toensing, it is described that the infamous Indian Removal event known as the “trail of tears” involved more than 4,000 Native Cherokee deaths.(Doc 4 Par 3) With this number in mind, it is apparent that the amount of fatalities was a planned result and could easily be classified as a type of War Crime today. Along with this, it was later discovered that Jackson and his cabinet had not even followed the guidelines nor the regulations when dealing with “the Indian problem”. In history.com’s “Basic History of Indian Removal Policy”, it is explained that “It did not permit the president[…] to coerce Native nations into giving up their land. [...] The law required the government to negotiate removal treaties fairly, voluntarily and peacefully.
Several states passed laws limiting Native American sovereignty and rights and encroaching on their territory. In a few cases, such as Cherokee Nation v. Georgia and Worcester v. Georgia, the U.S. Supreme Court were against these practices and affirmed that native nations were sovereign nations “in which the laws of Georgia and other states can have no force. As President Andrew Jackson himself noted in 1832, that if no one intended to enforce the Supreme Court’s rulings then the decisions would , in his own words, “[fall]…still born.” Basically, if no one enforced the Supreme Court’s ruling, then it might as well never happened. “Estimates based on tribal and military records suggest that approximately 100,000 indigenous people were forced from their homes during that period, which is sometimes known as the removal era, and that some 15,000 died during the journey west.”
In the year 1830, Andrew Jackson and congress passed the Indian Removal Act with little opposition within the government. The result was the death of thousands of Native Americans as well as skirmishes between Native Americans and the United States Military. The end result of the Indian Removal Act was the Trail of Tears, which was the path that the Native Americans took to move west. While taking this path, the Native Americans placed a marker for every person that died, because of the lack of food and harsh conditions, creating a trail of markers for the dead, hence the name Trail of Tears. In Document A, the text states,” He imposed a cruel policy of Indian removal, forcing tribes of the Southeast across a brutal march to the Oklahoma territory.”
The Indian Removal Act also known as the “Trail of Tears” was signed on May 28, 1830 by President Andrew Jackson. Allowing the president to grant unsettled lands west of the Mississippi for exchange of Indian lands inside the state borders. He forced the westward move of the "five civilized" Native American tribes, the Creeks, Chickasaws, Seminoles, Cherokees and Choctaws. A few tribes went without trouble, but many resisted the policy. About 4,000 Cherokees died when the United States government forcibly moved them during the fall and winter of 1838 and 1839.
The now president Andrew Jackson, had little sympathy for the Indians and ignored the supreme court’s ruling, he was determined to remove the Cherokee at all coast. In the Removal Act of 1830 Congress provided Jackson the founds he needed to negotiate new treaties and resettle the tribes west of the Mississippi, this migration is known as the Trail of Tears, the Indians “traded” 100 million acres of land east of the Mississippi. (Document
In fact the common man of the time—whether he was a powerful blueblood or a humble Christian—didn’t believe that the Native Americans should be able to keep their land for quite a few reasons. They felt that Native Americans were prohibiting the United States from truly expanding to its fullest potential not to mention they also felt threatened by the Natives being so close. So, Jackson signed into law the Indian Removal Act in 1830. However, there were American Indians that refused to leave their home lands for the lands promised to them further west in what would now be Oklahoma. Eventually they were forcibly removed by American troops.
but President Jackson also disregarded the legal actions from the Supreme Court which granted the Cherokee the right to self-government. Furthermore, the Creeks signed a
But the Indian Removal Act of 1830 tells a different story by saying “That it may be lawful for the President of the United States to cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any state of organized territory, and to which the Indian title has been extinguished”. The Trail of Tears was the forceful removal of Indians from their lands to areas west of the Mississippi River. From 1830 through 1840 100,000 Native American Indians from the east were forced to re settle by the U.S. Army. Many Native Americans were killed or died on the Trail of
Andrew Jackson was seen as a common man the voice of the people by some. By others he was King Andrew, trampling the constitution and instigating tyranny. Jackson’s presidency impacted democracy, through his use of the veto power, and his claim of Clay creating a “corrupt bargain”, which is not a turning point for a rise in democracy despite him giving white male suffrage. During Jackson’s use of executive power weakened voice of the people.
Under influence of president Andrew Jackson, the congress was urged in 1830 to pass the Indian Removal Act, with the goal of relocated many Native Americans in the East territory, the west of Mississippi river. The Trail of tears was made for the interest of the minorities. Indeed, if president Jackson wished to relocate the Native Americans, it was because he wanted to take advantage of the gold he found on their land. Then, even though the Cherokee won their case in front the supreme court, the president and congress pushed them out(Darrenkamp).
Andrew Jackson was one of the greatest presidents who made very difficult decisions for our country. Although his choices were not always the popular decision, he made choices that were always promoting democracy. The things that make a good democracy are: giving people a say in government, having a good leader that you can trust to make wise decisions, peace and stability between each country and other states, and having equal power in the government (checks and balances). Andrew Jackson came into office with a popular vote and great support. His supporters viewed him as a man of the people.
Apparently Jackson did not even trouble himself with the question. Upon issuing the Indian Removal Act, Jacksonian Democrats failed to protect the Constitution. Because of the Indian Removal Act, Andrew Jackson violated the Constitution yet again. Andrew Jackson ignored John Marshal and the Supreme Court’s ruling that Georgia’s extension of state law over the Cherokee land was unconstitutional. Politically, Jackson’s domestic policy was focused on building a better government for the common people.
Andrew Jackson disobeyed a direct order from the Supreme Court, which it means he was above the law. I really wonder how Americans tolerated him, at that time, he was cruel to the Indian common man. Because of him, the Native Americans have the worst end of the Trail of Tears. They are the ones who are forced out of their traditional homes and sent away on a journey of pain and death. Those who had fallen ill, most of the time died, and those who had the will to move on were able to make it to the end and start new lives.
While making this gruesome travel more than 4,000 Indians died from disease, starvation and treacherous conditions. This travel became known as the “trails of tears”. These Native Americans were not how white settlement described them. Many of the tribes adopted Euro-american practices and created their own communities with schools and churches, even developed their own languages and created bilingual newspapers.