The Indian Removal Act of 1830 did not only affect the Cherokee, but also included other bands in the area such as the Chickasaw, Creek, Seminole, and Choctaw. The act did not actually force the bands out of their land, but it opened up the possibility for the state and federal governments to acquire this land through treaties. A small portion of the Cherokee signed the Treaty of New Echota which entailed the exchange of traditional Cherokee land with a new and unsettled region West of the Mississippi river. The treaty also stated that the federal government would pay for the band’s relocation costs and first year of living in their new territory. Although some bands left their land without conflict, many had to be forcibly removed at gunpoint by the American army. However the Cherokee decided to take legal action instead of fighting the government with physical forces. After a lengthy law suit, and despite the ruling of the supreme court judge which dictated that Georgia did not have the right to the Cherokee’s land, in 1829 President Jackson declared that the band must follow the laws of the state in which they lived. In the end federal troops evicted the Cherokee, the last of the five bands to leave their land, in what is known as the Trail of Tears, which lasted from the 1830s-1840s (Miller 833-835).

Applications

 The Cherokee Memorials are part of the legal plea made to the American government by the Cherokee Nation to retain their land and sovereignty. This history on the Indian Removal Act gives us a context for these documents and the relationship between the government and the Cherokee at the time. The course of legal action that was taken by the band is important to note. The development of the Cherokee’s language into a written form as well as their internationally circulating newspaper probably influenced the band’s ability to come together against the state of Georgia and the federal government in this particular manner. This context can also inform our understanding of the tones of frustration and humble authority that exist in the Cherokee Memorials.

References:

Executive Productions-Seattle. “Trail of Tears.” Youtube. January 2012. Web. 21 March 2014.

Miller, Wilber R. “Indian Removal Act.” The Social History of Crime and Punishment in America: An Encyclopedia, 2012. Web. 21 March 2014.