In 1791 America started to create some treaties the Cherokee people. After signing the Treaty of Holston, which was a treaty of peace and friendship between America and the Cherokee nation, America finally acknowledged that the …show more content…
The Act required the executive branch of office to negotiate for the Indians land. Along with the government finding gold on the Indians territory, this act caused the Cherokee Indians to take a case to the supreme court. The Georgia v. Cherokee nation case was opened in 1831, the case was made by the nation to show the states that the laws did not apply to them, as they were their own nation. As Chief of Justice, John Marshall, stated that, the Cherokee nation was domestic dependent, which means even though they were an independent community they were still under the laws of the United States, so the state law applied to them. That verdict changed however, the next year in the Worchester v. Georgia case. Two white men, Samuel Worchester and Elizur Butler were missionaries that translated the bible to the natives and lived within the Cherokee Nation. They also created the first Native American newspaper. The state arrested the two men for not having a license from the governor and failing to take an oath of allegiance to the state while living on Cherokee’s land. Worcester appealed and the court saw that due to the constitution the state law had no say inside the Cherokee boundaries. However, President Andrew Jackson refused to enforce the courts decision stating the initial decision by John Marshall was correct; "John Marshall has made his decision, now let him enforce it."(White)(Worcester v. …show more content…
This set of people said that the via the 1819 treaty that gave them a portion of land and American citizenship as long as they did not stay on American land. When the government started forcing Indian Tribes to move west this group, now called the Oconaluftee Cherokees, stayed because they said the treaty of 1835 did not apply to them, as they did not live on Cherokee land anymore.(White)(Thurmond)
The government assembled the troops and set up thirty-one forts throughout four different states, thirteen in Georgia, eight in Tennessee, five in North Carolina, and five in Alabama. The troops were required to take two thousand at a time until all of the Indians were relocated. There were three trips of Cherokees, adding up to about 2,800 people, they all ventured by river to Indian Territory. The first boat left from Ross's Landing off the Tennessee River or present day Chattanooga Tennessee. The process in which the Indians actually traveled west is the trail of tears.