Indian Removal Act

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Indian Removal Act
Great Seal of the United States (obverse).svg
Long titleAn Act to provide for an exchange of lands with the Indians residing in any of the states or territories, and for their removal west of the river Mississippi.
Enacted bythe 21st United States Congress
Citations
Public law Pub. L. Tooltip Public Law (United States)  21–148
Statutes at Large 4  Stat.   411
Legislative history
  • Introduced in the Senate as S. 102
  • Passed the Senate on April 24, 1830 (28–19)
  • Passed the House on May 26, 1830 (101–97)
  • Signed into law by President Andrew Jackson on May 28, 1830

The Indian Removal Act of 1830 was signed into law on May 28, 1830, by United States President Andrew Jackson. The law, as described by Congress, provided "for an exchange of lands with the Indians residing in any of the states or territories, and for their removal west of the river Mississippi". [lower-alpha 1] [2] [3] During the presidency of Jackson (1829–1837) and his successor Martin Van Buren (1837–1841) more than 60,000 Native Americans [4] from at least 18 tribes [5] were forced to move west of the Mississippi River where they were allocated new lands as part of an ethnic cleansing or genocide. [6] [7] [8] [9] [10] The southern tribes were resettled mostly in Indian Territory (Oklahoma). The northern tribes were resettled initially in Kansas. With a few exceptions, the United States east of the Mississippi and south of the Great Lakes was emptied of its Native American population. The movement westward of indigenous tribes was characterized by a large number of deaths occasioned by the hardships of the journey. [11]

Contents

The U.S. Congress approved the Act by a narrow majority in the House of Representatives. The Indian Removal Act was supported by President Jackson, southern and white settlers, and several state governments, especially that of Georgia. Indigenous tribes and the Whig Party opposed the bill, as did other groups within white American society (e.g., some Christian missionaries and clergy). Legal efforts to allow Indian tribes to remain on their land in the eastern U.S. failed. Most famously, the Cherokee (excluding the Treaty Party) challenged their relocation, but were unsuccessful in the courts; they were forcibly removed by the United States government in a march to the west that later became known as the Trail of Tears. Since the 21st century, scholars have cited the act and subsequent removals as an early example of state-sanctioned ethnic cleansing or genocide or settler colonialism or some view it as all three. [12] [13] [14]

Background

President Andrew Jackson called for an American Indian Removal Act in his first (1829) State of the Union address. AndrewJacksonCongress.jpg
President Andrew Jackson called for an American Indian Removal Act in his first (1829) State of the Union address.

History of European cultural assimilation in the New World

Many European colonists saw Native Americans as savage people. However, euro-native relations varied, particularly between the French and British colonies. [15] New France, which was established in the Great Lakes region, generally pursued a cooperative relationship with the Native tribes, with the existence of certain traditions such as marriage à la façon du pays, a marriage between tradesmen ( coureur des bois ) and Native women. This tradition was seen as a fundamental social and political institution that helped maintain relations and bond the two cultures. Many of the missionaries were also known to teach the tribes how to use iron tools, build European-style homes, and improve farming techniques; teachings the Wyandot, who maintained a century long friendship with French Canadians, would spread on to other tribes as they relocated to the Maumee Valley. [16] Throughout the 17th and 18th century during the Beaver and French and Indian Wars, the greatest number of and most powerful tribes tended to side with the French, though other tribes such as the Iroquois supported the English for various strategic reasons. For strategic economic and military purposes, the French also had a practice of building forts and trading posts within Native villages, such as that of Fort Miami in Indiana within the Miami village of Kekionga. However, the belief in European cultural and racial superiority was generally widespread among high ranking colonial officials and clergymen in this period.

During American colonial times, many colonialists and particularly the English felt their civilization to be superior: they were Christians, and they believed their notions of private property to be a superior system of land tenure. Colonial and frontier encroachers inflicted a practice of cultural assimilation, meaning that tribes such as the Cherokee were forced to adopt aspects of white civilization. This acculturation was originally proposed by George Washington and was well underway among the Cherokee and the Choctaw by the beginning of the 19th century. [17] Native peoples were encouraged to adopt European customs. First, they were forced to convert to Christianity and abandon traditional religious practices. They were also required to learn to speak and read English, although there was interest in creating a writing and printing system for a few Native languages, especially Cherokee, exemplified by Sequoyah's Cherokee syllabary. The Native Americans also had to adopt settler values, such as monogamous marriage and abandon non-marital sex. Finally, they had to accept the concept of individual ownership of land and other property (including, in some instances, African people as slaves). Many Cherokee people adopted all, or some, of these practices, including Cherokee chief John Ross, John Ridge, and Elias Boudinot, as represented by the newspaper he edited, The Cherokee Phoenix. [18]

The perceived failure of the policy

Despite the adoption of white cultural values by many natives and tribes, the United States government began a systematic effort to remove Native peoples from the Southeast. [19] The Chickasaw, Choctaw, Muscogee-Creek, Seminole, and original Cherokee nations [lower-alpha 2] had been established as autonomous nations in the southeastern United States.

Andrew Jackson sought to renew a policy of political and military action for the removal of Natives from these lands and worked toward enacting a law for "Indian removal". [20] [21] [18] [22] [23] In his 1829 State of the Union address, Jackson called for Indian removal. [24]

The Indian Removal Act was put in place to annex Native land and then transfer that ownership to Southern states, especially Georgia. The Act was passed in 1830, although dialogue had been ongoing since 1802 between Georgia and the federal government concerning the possibility of such an act. Ethan Davis states that "the federal government had promised Georgia that it would extinguish Indian title within the state's borders by purchase 'as soon as the such purchase could be made upon reasonable terms'". [25] As time passed, Southern states began to speed up the expulsions by claiming that the deal between Georgia and the federal government was invalid and that Southern states could pass laws extinguishing Indian title themselves. In response, the federal government passed the Indian Removal Act on May 28, 1830, in which President Jackson agreed to divide the United States territory west of the Mississippi River into districts for tribes to replace the land from which they were removed.

In the 1823 case of Johnson v. McIntosh , the United States Supreme Court handed down a decision stating that Indians could occupy and control lands within the United States but could not hold title to those lands. [26] Jackson viewed the union as a federation of highly esteemed states, as was common before the American Civil War. He opposed Washington's policy of establishing treaties with Indian tribes as if they were sovereign foreign nations. Thus, the creation of Indian jurisdictions was a violation of state sovereignty under Article IV, Section 3 of the Constitution. As Jackson saw it, either Indians comprised sovereign states (which violated the Constitution) or were subject to the laws of existing states of the Union. Jackson urged Indians to assimilate and obey state laws. Further, he believed he could only accommodate the desire for Native self-rule in federal territories, which required resettlement on Federal lands west of the Mississippi River. [27] [28] [ non-primary source needed ]

Support and opposition

Congressional debates concerning the Indian Removal Act, April 1830 Register of Debates, Senate, 21st Congress, 1st Session - "The Indians".gif
Congressional debates concerning the Indian Removal Act, April 1830

The Removal Act was strongly supported in the South, especially in Georgia, which was the largest state in 1802 and was involved in a jurisdictional dispute with the Cherokee. President Jackson hoped that removal would resolve the Georgia crisis. [29] Besides the Five Civilized Tribes, additional people affected included the Wyandot, the Kickapoo, the Potowatomi, the Shawnee, and the Lenape. [30]

The Indian Removal Act was controversial. Many Americans during this time favored its passage, but there was also significant opposition. Many Christian missionaries protested against it, most notably missionary organizer Jeremiah Evarts. In Congress, New Jersey Senator Theodore Frelinghuysen, Kentucky Senator Henry Clay, and Tennessee Congressman Davy Crockett spoke out against the legislation. The Removal Act passed only after a bitter debate in Congress. [31] [32] Clay extensively campaigned against it on the National Republican Party ticket in the 1832 United States presidential election. [32]

Jackson viewed the demise of Native nations as inevitable, pointing to the steady expansion of European-based lifestyles and the decimation of Native nations in the U.S.'s northeast region. He called his Northern critics hypocrites, given the North's history regarding Natives nations within their claimed territory. Jackson stated that "progress requires moving forward." [33]

Humanity has often wept over the fate of the aborigines of this country and philanthropy has long been busily employed in devising means to avert it, but its progress never has for a moment been arrested, and one by one have many powerful tribes disappeared from the earth... But true philanthropy reconciles the mind to these vicissitudes as it does to the extinction of one generation to make room for another... In the monuments and fortresses of an unknown people, spread over the extensive regions of the West, we behold the memorials of a once powerful race, which was exterminated or has disappeared to make room for the existing savage tribes… Philanthropy could not wish to see this continent restored to the condition in which it was found by our forefathers. What good man would prefer a country covered with forests and ranged by a few thousand savages to our extensive Republic, studded with cities, towns, and prosperous farms, embellished with all the improvements which art can devise or industry execute, occupied by more than 12,000,000 happy people, and filled with all the blessings of liberty, civilization, and religion? [34] [35] [36]

According to historian H. W. Brands, Jackson sincerely believed that his population transfer was a "wise and humane policy" that would save the Native Americans from "utter annihilation". Jackson portrayed the removal as a generous act of mercy. [37]

According to Robert M. Keeton, proponents of the bill used biblical narratives to justify the forced resettlement of Native Americans. [38]

Vote

On April 24, 1830, the Senate passed the Indian Removal Act by a vote of 28 to 19. [39] On May 26, 1830, the House of Representatives passed the Act by a vote of 101 to 97. [40] On May 28, 1830, the Indian Removal Act was signed into law by President Andrew Jackson.

Implementation

The Removal Act paved the way for the forced expulsion of tens of thousands of American Indians from their land into the West in an event widely known as the "Trail of Tears," a forced resettlement of the Indian population. [41] [42] [43] This forced resettlement has been characterized as a genocide. [44] The first removal treaty signed was the Treaty of Dancing Rabbit Creek on September 27, 1830, in which Choctaws in Mississippi ceded land east of the river in exchange for payment and land in the West. The Treaty of New Echota was signed in 1835 and resulted in the removal of the Cherokee on the Trail of Tears.

The Seminoles and other tribes did not leave peacefully, as they resisted the removal along with fugitive slaves. The Second Seminole War lasted from 1835 to 1842 and resulted in the government allowing them to remain in south Florida swampland. Only a small number remained, and around 3,000 were removed in the war. [45]

Historical legacy

In the 21st century, scholars have cited the act and subsequent removals as an early example of state sanctioned ethnic cleansing or genocide or settler colonialism or as all three Forms of these. [46] [47] [48] Historian Richard White wrote that because of "claimed parallels between ethnic cleansing and Indian removal, any examination of Indian removal will inevitably involve discussions of ethnic cleansing." [49] Other scholarship has focused on the historical comparisons between the United States concept of manifest destiny and Nazi Germany's concept of Lebensraum and how American removal policy served as a model for racial policy during Generalplan Ost. [50]

See also

Notes

  1. The U.S. Senate passed the bill on April 24, 1830 (28–19), and the U.S. House passed it on May 26, 1830 (102–97). [1]
  2. These distinct ethnic and political groups were referred to in the United States as the "Five Civilized Tribes".

Related Research Articles

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Indian removal was the United States government policy of forced displacement of self-governing tribes of Native Americans from their ancestral homelands in the eastern United States to lands west of the Mississippi River – specifically, to a designated Indian Territory. The Indian Removal Act, the key law which authorized the removal of Native tribes, was signed by Andrew Jackson in 1830. Although Jackson took a hard line on Indian removal, the law was enforced primarily during the Martin Van Buren administration. After the enactment of the Indian Removal Act in 1830, approximately 60,000 members of the Cherokee, Muscogee (Creek), Seminole, Chickasaw, and Choctaw nations were forcibly removed from their ancestral homelands, with thousands dying during the Trail of Tears.

<span class="mw-page-title-main">Indian Territory</span> Historic sovereign territory set aside for Native American nations, 1834–1907

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<span class="mw-page-title-main">Trail of Tears</span> Forced relocation and ethnic cleansing of the southeastern Native American tribes

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<span class="mw-page-title-main">Five Civilized Tribes</span> Native American grouping

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<span class="mw-page-title-main">Treaty of Dancing Rabbit Creek</span> 1831 land cession treaty between the U.S. Government and the Choctaw tribe

The Treaty of Dancing Rabbit Creek was a treaty which was signed on September 27, 1830, and proclaimed on February 24, 1831, between the Choctaw American Indian tribe and the United States Government. This treaty was the first removal treaty which was carried into effect under the Indian Removal Act. The treaty ceded about 11 million acres (45,000 km2) of the Choctaw Nation in what is now Mississippi in exchange for about 15 million acres (61,000 km2) in the Indian territory, now the state of Oklahoma. The principal Choctaw negotiators were Chief Greenwood LeFlore, Mosholatubbee, and Nittucachee; the U.S. negotiators were Colonel John Coffee and Secretary of War John Eaton.

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<span class="mw-page-title-main">Choctaw Trail of Tears</span> Attempted ethnic cleansing of the Choctaw Nation

The Choctaw Trail of Tears was the attempted ethnic cleansing and relocation by the United States government of the Choctaw Nation from their country, referred to now as the Deep South, to lands west of the Mississippi River in Indian Territory in the 1830s by the United States government. A Choctaw Miko (chief) was quoted by the Arkansas Gazette as saying that the removal was a "trail of tears and death." Since removal, the Choctaw have developed since the 20th century as three federally recognized tribes: the largest, the Choctaw Nation of Oklahoma; the Mississippi Band of Choctaw Indians, and the Jena Band of Choctaw Indians in Louisiana.

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<span class="mw-page-title-main">Cherokee removal</span> Forced removal of the Cherokee Nation within the US (1836–39)

Cherokee removal, part of the Trail of Tears, refers to the forced relocation between 1836 and 1839 of an estimated 16,000 members of the Cherokee Nation and 1,000–2,000 of their slaves; from their lands in Georgia, South Carolina, North Carolina, Tennessee, and Alabama to the Indian Territory in the then Western United States, and the resultant deaths along the way and at the end of the movement of an estimated 4,000 Cherokee and unknown number of slaves.

<span class="mw-page-title-main">Treaty of Pontotoc Creek</span> 1832 treaty between the United States and Chickasaw

The Treaty of Pontotoc Creek was a treaty signed on October 20, 1832 by representatives of the United States and the Chiefs of the Chickasaw Nation assembled at the National Council House on Pontotoc Creek in Pontotoc, Mississippi. The treaty ceded the 6,283,804 million acres of the remaining Chickasaw homeland in Mississippi in return for Chickasaw relocation on an equal amount of land west of the Mississippi River.

<span class="mw-page-title-main">Native American genocide in the United States</span> Acts of genocide committed against Native Americans in the United States

The substantial population decline of American Indians has been characterized as a form of genocide. The question of whether the significant population decline constitutes genocide is debated amongst scholars. Debates are ongoing over whether the entire process, or specific periods and local occurrences, meet the legal definition of genocide. Raphael Lemkin, who coined the term "genocide", considered the displacement of Native Americans by European settlers as a historical example of genocide. However, others, like historian Gary Anderson, contend that genocide does not accurately characterize any aspect of American history, suggesting instead that ethnic cleansing is a more appropriate term.

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Cited works