Trail Of Tears
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Trail Of Tears
Many Americans, appraised of this assimilation by publicists from the tribes themselves and by missionaries who had long lived among them, championed the cause of the Five Civilized Tribes. But the real power to dispose of the Indians lands remained with the state governments, and they were adamant for removal. These governments, in the early 19th century, passed laws that "legalized" the eradication of the Indian communities and opened their lands to settlers. Such legislation even denied the Indians any right of appeal by depriving them of standing in court.
It was this denial of the Indians most fundamental rights that led to a celebrated confrontation between two branches of the federal government in the persons of the venerable chief justice of the United States, John Marshall, and the president, Andrew Jackson (served 1829 - 1837). A Georgia law depriving the Indians of their rights was argued up to the Supreme Court, where it was ruled unconstitutional. Jackson, who was determined to rid the eastern part of the nation of its Indian population, was reputed to have said of the decision: "John Marshall has rendered his decision; now let him enforce it."
Without the power of the federal executive behind him, Marshalls decision in favor of Indian right was, in effect, null and void. And on May 28, 1830 Jackson signed into law the Indian Removal Act, a bill requiring all Indians living east of the Mississippi to leave their homes and be relocated far to the west in what was called Indian Territory. Now the federal government moved swiftly and brutally to enforce the new legislation. The first to feel the impact were the Choctaws of Mississippi. Bribed by agents of the government, a minority of Choctaw leaders in 1830 signed the Treaty of Dancing Rabbit Creek. All of the Choctaw land in Mississippi was ceded in exchange for territories in Arkansas and Oklahoma.
Only eastern Choctaws managed to evade federal authorities and escape removal by scattering in small bands throughout the backwoods of Mississippi and Louisiana, there to live for decades on the periphery of non-Indian society. Early in the 20th century the federal government finally abandoned effort to expel those who remained. The Bureau of Indian Affairs established an agency among them in central Mississippi and purchased land there for a reservation.
In successive marches from 1830 to 1833, thousands of Choctaws set out on foot, under the watchful eyes of soldiers. These long, cold marches, difficult at best, were made worse by shortages of wagons, horses, blankets and food. Woefully inadequate funds were quickly exhausted, and along the way people began to die. By the time Oklahoma was reached, more than a quarter of the migrants had succumbed to hunger, disease, or exhaustion.
The journey was equally horrible for the other Southeastern tribes when their turn came. Between 1834 and 1838 most of the Creeks, Cherokees and Chickasaws suffered removal, as did many of the Seminoles. Some of the eastern Seminoles forged themselves into a guerrilla army and waged bloody warfare against federal troops to retain their foothold in the East. One war lasted for seven years, from 1835 to 1824; a second war, in the 1850s, was much shorter. For almost 30 years after the fighting stopped in 1856, the remnants of the eastern Seminole peoples lived in isolation.
Like the Seminoles, a minority of Cherokees remained in their region by fleeing to land that was inaccessible to the outside world and generally considered worthless. Before the 19th century ended, the eastern Cherokees were all living legally on reservation lands purchased for them by the Bureau of Indian Affairs in the mountains of North Carolina.
Although the tribes in their new Oklahoma territories never recovered the vitality of the old days, they did reassert their former way of life, albeit in somewhat diminished form. They established farms, built schools and churches, revived their political institutions, and the Cherokees resumed publication of their newspaper.
Winter 1838-1839
A TESTIMONY TO THE SURVIVAL OF ORIGINAL PEOPLES DISPLACED INTO EXILE
"The way, the only way, to stop this evil is for the red man to unite in claiming a common and equal right in the land, as it was first, and should be now, for it was never divided.
We gave them forest-clad mountains and valleys full of game, and in return what did they give our warriors and our women? Rum, trinkets, and a grave.
Brothers -- My people wish for peace; the red men all wish for peace; but where the white people are, there is no peace for them, except it be on the bosom of our mother. Where today are the Pequot?
Where today are the Narrangansett, the Mohican, the Pakanoket, and many other once powerful tribes of our people?
They have vanished before the avarice and the oppression of the White Man, as snow before a summer sun."
-- Tecumseh














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