Robert Lindneux's dramatic rendering of the Trail of Tears.

 

 

Andrew Jackson said in response to the Supreme Courts ruling, "John Marshall has made his decision; now let him enforce it."

 

 

 

 

 

 

Jackson once wrote, "There your white brothers will not trouble you, they will have no claims to the land, and you can live upon it, you and all your children, as long as the grass grows or the water runs, in peace and plenty."

 

 

 

 

 

 

 

 

 

 

 

The Rape of the Native American People

In mid-winter, deadliest of all seasons, the United States government seizes your home, and forces relocation. The Government, established on the principles of Equality, Justice, and Protection of Property, subjugates your family to removal- arbitrarily choosing strange, unfamiliar land. Skeptical such a travesty could occur? You shouldn't be.

In 1838, President Martin Van Buren committed the horrific crime against Native Americans: The Trail of Tears, a journey which forced the Cherokees from their ancestral land. The disaster itself invokes empathy for the loss accrued by the Cherokee survivors, who lived through the torment of losing their home in the southern Appalachia's. Yet the incident represents the destructive nature of American Indian Policy. The attitude and policies of the Government in dealing with Native American's sully the image of a fair and just nation.

The Trail of Tears started long before the heart breaking trek began, in 1803 the Louisiana Purchase signified the origin of the theories of a peaceful removal for the Native Americans beyond the Mississippi. However, serious consideration began in 1820 with the demand for more land. A boom in foreign and domestic markets for agricultural goods coupled with revolutionary inventions such as the cotton gin produced widespread use of the plantation system. The removal of indigenous populations stood in the way of progress. Georgia, determined to rid herself of Indians, complained to the United States to fulfill the commitment to removing Native Americans from the State (a pact signed in 1802 promised Georgia the U.S. Government would relocate the indigenous population).

In 1830 Georgia's government influnced by President Andrew Jackson, effectively confiscated Cherokee land. A court battle ensued which the Cherokee Nation won; the Supreme Court ruled that federal treaties with Native Americans were legally binding thus Georgia had no right to Cherokee land. Sadly, the ruling had little effect in reality. President Jackson openly disdained Native American tribes, under his influence the Indian Removal Bill was drawn up. The Bill allowed Jackson to use land in Indian Territory (Oklahoma) to supposedly negotiate the surrender of ancestral land. Since the Cherokee's were not offered the option to remain, but were forcibly removed belies the implications of any fair negotiations.

The Trail of Tears represents the lack of responsibility which the Government dealt (and still deals) with Native Americans. Numerous broken treaties and the mistreatment of people consisting of an independent soveriegn nation exemplify that the Government's word means nothing.

The Cherokee's declared sovereignty in 1827, creating their own constitution. Most Cherokee's were thought to be the most progressive since they had become "civilized."

The Cherokee's may have learned to act like Euro-Americans but people like Andrew Jackson would always remember the color of their skin. Even fully assimilated Cherokee people were required to immigrate past the Mississippi to Oklahoma, then known as Indian Territory.

The differences in landscape certainly made adjustments awkward, the Cherokees no longer could enjoy the mountainous, woodland regions of southern Appalachia but had to contend with the harsh wind swept plains of the Indian Territory. Not only was the climate hostile but the Cherokee suffered raids from existing tribes. Such an environment reflected the destruction of culture Native Americans have dealt with since the incursion of Euro-Americans.

An estimated 4,000 deaths occurred, over half within the holding camps. The Cherokee's were taken from their ancestral homes, brought to one of four emigration depots, to await the execution of removal. Drought made the way impossible, so the Cherokee's endured the harsh elements of winter.

The sorrow of one "full blood" is captured within Cherokee Tragedy by Thurman Wilkins. The tragedy killed his family leaving him empty and desolate. Wilkins states, " 'People sometimes say I look like I never smile, never laugh in [a] lifetime.'" The utter disregard for human life creates fire within my veins, yet for the Cherokee (and many other tribes) the effect demoralized the people.

These types of policies raped the Native American of his soul and land, in an age where supposed civilized behavior reigns supreme. By stealing property in order to redistribute the land to Euro-Americans the Government contradicted sacred property rights. Yet the Government would not stop at the Indian Removal Bill, but proceeded until all Native Americans were forced to live like tenants upon their land. Such policies could only result in periodic tragedies. The Massacre at Wounded Knee in 1890 was one such event.

In 1973 the American Indian Movement (AIM) took their stand at Wounded Knee declaring themselves a sovereign nation, after difficult negotiations the stand was over only to have the Government declare all negotiations null and void since the AIM members had violated U.S. law. Thus the Governments double handed dealings signify the plight of the Native American. According to Mary Crow Dog , a member of the famous AIM, the assimilated Indian is treated with tolerant disdain, the traditional Indian is treated with fearful hostility. The full blood, as she calls anyone who retains the old way, is a threat to the security of the Government which is housed on stolen land.

Suggested Readings:

        • Cherokee Tragedy by Thurman Williams
        • Lakota Woman by Mary Crow Dog
        • Bury My Heart at Wounded Knee by
        • Essays by William Penn


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