Indian Removal
The 1830's removal of the Cherokee Indians from their ancestral land to distant reservations in Oklahoma, known as the Trail of Tears, represented a marked divergence from American national policy. The decision made by the Jackson administration differed in two conspicuous ways: the removal proceeded from a gross breach of treaty and sovereignty rather than a coerced Teformulation of a treaty; it defied the entire Judicial branch of government by going against the Supreme Court. Although the historical trend was building up to greater and greater clashes between Indians, the national policy had not overtly changed until Jackson proposed the Indian Removal Act. Beginning in 1721 the colonies had made treaties with Native Americans (Doc. A). Successive US Treaties took away successive amounts of land (Doc. A). Although coerced, these treaties were superficially legal. Henry Knox, secretary of war under Washington's administration and negotiator of the Cherokee Treaty of Holston, summarized the possibilities for the United States as follows, "...two modes present themselves...; the first of which is by raising an army and [destroying the resisting] tribes entirely, or 2ndly by formin
That is certainly a drastic change of previous policy, in which government had 3 branches rather than just the two President Jackson would have. And the policy remained strong under President James Monroe, whose Secretary of War William H. Georgia case, "From the commencement of our government Congress has passed acts to regulate trade and intercourse with the Indians; which treat them as nations, respect their rights, and manifest a firm purpose to afford that protection which treaties stipulate. As this is the national policy existing under Washington, it can clearly be seen to be contrary to Jackson who removed the Cherokee by passage of a law in Congress. the arm of the government is not sufficiently strong to preserve them from destruction. In that case the Supreme Court presented the clear opinion that neither Georgia nor the United States had the ability to pass laws regulating what occurs inside Cherokee land. It is clear from the previously cited examples how this differs. The Intercourse Act, levying a fine of less than 50 dollars for any American trespassers on Native American land (Doc. the United States have a clear right .
Common topics in this essay:
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Acceptance Essays
