1829 Andrew Jackson - Indian Removal Act of 1830

In his first State of the Union Address Andrew Jackson laid out his plan for the "voluntary" removal of Indians to lands west of the Mississippi.   Jackson made it clear that no Indian tribes or nations would be allowed to establish an independent government within the borders of any state.  They were given two choices either voluntarily emigrate west of the Mississippi or subject themselves to U.S. state and federal laws.  The law was clear, but was it voluntary?

In 1829, when the states of Georgia and Alabama chose to extend their laws to all Indians including the Cherokee and Creek tribes within borders of their state, the Cherokee reached to out to President Jackson for protection.   President Jackson advised the leaders of the Cherokee Nation including Chief John Ross that it was best for them to emigrate west of the Mississippi to new lands where they could freely live according to their "savage" ways.   In his first State of the Union, President Andrew Jackson devoted many paragraphs to the subject.   First he defended, both his decision and the decisions of the states of Georgia and Alabama in declaring the sovereign right to extend their laws over all peoples living within their borders.  Second, Jackson signaled a change in the direction of policy towards the Indians.  For the last 40 years, the United States had tried to civilize the Indians and assimilate them in to American culture, but in doing so we did much injury to the entire race of Native Americans.   Jackson now suggested that the best thing was to remove the Indians from within the states and help them emigrate to lands west of the Mississippi river.  In his first State of the Union Address, Andrew Jackson laid out his plan.  It was to be a voluntary emigration not forced, because as Jackson explained to do otherwise, "would be as cruel as unjust to compel the aborigines to abandon the graves of their fathers and seek a home in a distant land." 

In 1829, Jackson's intentions were clear.  The emigration was to be voluntary. Yes, voluntary, but not without an "or else".   Jackson also suggested that the Indians be warned that "if they remain within the limits of the States they must be subject to their laws".   Jackson would not allow the any tribes including the Cherokee nation to setup an independent government within the border of any state.   If the Indians chose to stay, they and their property would be protected.   But what property?  Jackson said that it would be hard to imagine or "visionary to suppose" that the Indians would be allowed to claim lands "merely because they have seen them from the mountain or passed them in the chase".   In other words, if they stayed, there would be no Indian towns, or villages, and no reservations or property set aside for them to dwell in. If the Indians chose to stay, they would be required to submit to the laws of the states and "become merged in the mass of our population".  For the moment Andrew Jackson was not calling for a "forced migration", the Indians would be free to choose to stay or migrate, but for all intents and purposes to preserve themselves as a nation and a separate people, they must emigrate.   Here is Andrew Jackson's full plan from his 1829 State of the Union Address.

"This emigration should be voluntary, for it would be as cruel as unjust to compel the aborigines to abandon the graves of their fathers and seek a home in a distant land. But they should be distinctly informed that if they remain within the limits of the States they must be subject to their laws. In return for their obedience as individuals they will without doubt be protected in the enjoyment of those possessions which they have improved by their industry. But it seems to me visionary to suppose that in this state of things claims can be allowed on tracts of country on which they have neither dwelt nor made improvements, merely because they have seen them from the mountain or passed them in the chase. Submitting to the laws of the States, and receiving, like other citizens, protection in their persons and property, they will ere long become merged in the mass of our population."

In 1830, U.S. Congress followed up with the passage of the Indian Removal Act of 1830. The act made it "lawful for the President of the United States to cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any state or organized territory". The land was to be divided "into a suitable number of districts, for the reception of such tribes or nations of Indians as may choose to exchange the lands where they reside, and remove there".  The act also allowed for annuity and other payments to be made to the Indians including payments for any improvements they made on their current land.   The act included wording that allowed for the assistance, protection and subsistence for the first year of the tribes after their removal.  It was intended to be a voluntary emigration, but in process only.  The message was clear, the tribes and nations of Indians must leave, but they were not being forced to leave.   It was a conflicting message, and one that did little to encourage the Cherokee nation to make plans.  Nevertheless, Jackson continued with his plan.  He negotiated the Treaty of New Echota in 1835, granting the Cherokee two years to remove to Indian Territory which is now Oklahoma, but only a fraction of the Cherokee left voluntarily.  The rest were forced to migrate by the U.S. government with help from state militias in 1838.   The Cherokee people were caught unprepared and were forced to march in groups of around 1,000 enduring heavy rains, snow and freezing temperatures.  During these marches, and others during the hottest months of summer many Cherokee died from either the elements, disease or starvation.  One Choctaw leader portrayed the removal as "A Trail of Tears and Deaths".   Putting aside, whether the United States should have allowed the Cherokee Nation to remain in Georgia as an independent nation, failure to put in place a systematic plan for what was for all intents and purposes a "forced migration" led to the deaths of an estimated 4,000 Cherokee people and perhaps more.

In 1831, Jackson gave a brief update on the Cherokee situation in Georgia.  At that time, Jackson believed that one half to two-thirds of the tribe would follow the "wise example of the more westerly brethren".    Any who stay, would be subject to the laws of Georgia.

"The internal peace and security of our confederated States is the next principal object of the General Government. Time and experience have proved that the abode of the native Indian within their limits is dangerous to their peace and injurious to himself. In accordance with my recommendation at a former session of Congress, an appropriation of $500K was made to aid the voluntary removal of the various tribes beyond the limits of the States. At the last session I had the happiness to announce that the Chickasaws and Choctaws had accepted the generous offer of the Government and agreed to remove beyond the Mississippi River, by which the whole of the State of Mississippi and the western part of Alabama will be freed from Indian occupancy and opened to a civilized population. The treaties with these tribes are in a course of execution, and their removal, it is hoped, will be completed in the course of 1832."

In 1832, President Jackson gave an up date on what he called the steady pursuit of a "humane policy of transferring" the remaining native American tribes.  Everything was going well except of a portion of the Cherokees living in Georgia.   Jackson told Congress that an "ample indemnity" had been offered them for claims of their current possessions and a liberal provisions for their future support.  Both were rejected, and their status remained unchanged.

"I am happy to inform you that the wise and humane policy of transferring from the eastern to the western side of the Mississippi the remnants of our aboriginal tribes, with their own consent and upon just terms, has been steadily pursued, and is approaching, I trust, its consummation. By reference to the report of the Secretary of War and to the documents submitted with it you will see the progress which has been made since your last session in the arrangement of the various matters connected with our Indian relations. With one exception every subject involving any question of conflicting jurisdiction or of peculiar difficulty has been happily disposed of, and the conviction evidently gains ground among the Indians that their removal to the country assigned by the United States for their permanent residence furnishes the only hope of their ultimate prosperity. 

With that portion of the Cherokees, however, living within the State of Georgia it has been found impracticable as yet to make a satisfactory adjustment. Such was my anxiety to remove all the grounds of complaint and to bring to a termination the difficulties in which they are involved that I directed the very liberal propositions to be made to them which accompany the documents herewith submitted. They can not but have seen in these offers the evidence of the strongest disposition on the part of the Government to deal justly and liberally with them. An ample indemnity was offered for their present possessions, a liberal provision for their future support and improvement, and full security for their private and political rights. What ever difference of opinion may have prevailed respecting the just claims of these people, there will probably be none respecting the liberality of the propositions, and very little respecting the expediency of their immediate acceptance. They were, however, rejected, and thus the position of these Indians remains unchanged, as do the views communicated in my message to the Senate of [1831-02-22]."

 In 1833, President Jackson raised hope that the "those portions of two of the Southern tribes (probably Chickasaw and Cherokee) would soon "realize the necessity of emigration".  Jackson, made it very clear that emigration was the only answer, the two races could not mix.  Jackson's words are quite harsh, suggesting that the tribes had "neither the intelligence, the industry, the moral habits, nor the desire of improvement" required to remain surrounded by a "superior race".

"Our relations with the various Indian tribes have been undisturbed since the termination of the difficulties growing out of the hostile aggressions of the Sac and Fox Indians. Several treaties have been formed for the relinquishment of territory to the United States and for the migration of the occupants to [see APP Note] the region assigned for their residence West of the Mississippi. Should these treaties be ratified by the Senate, provision will have been made for the removal of almost all the tribes remaining E of that river and for the termination of many difficult and embarrassing questions arising out of their anomalous political condition. 

It is to be hoped that those portions of two of the Southern tribes, which in that event will present the only remaining difficulties, will realize the necessity of emigration, and will speedily resort to it. My original convictions upon this subject have been confirmed by the course of events for several years, and experience is every day adding to their strength. That those tribes can not exist surrounded by our settlements and in continual contact with our citizens is certain. They have neither the intelligence, the industry, the moral habits, nor the desire of improvement which are essential to any favorable change in their condition. Established in the midst of another and a superior race, and without appreciating the causes of their inferiority or seeking to control them, they must necessarily yield to the force of circumstances and ere long disappear. 

Such has been their fate heretofore, and if it is to be averted -- and it is -- it can only be done by a general removal beyond our boundary and by the reorganization of their political system upon principles adapted to the new relations in which they will be placed. The experiment which has been recently made has so far proved successful. The emigrants generally are represented to be prosperous and contented, the country suitable to their wants and habits, and the essential articles of subsistence easily procured. When the report of the commissioners now engaged in investigating the condition and prospects of these Indians and in devising a plan for their intercourse and government is received, I trust ample means of information will be in possession of the Government for adjusting all the unsettled questions connected with this interesting subject."

One year later, Jackson shared his regrets with Congress "that the Cherokees east of the Mississippi have not yet determined as a community to remove".  Jackson was becoming more and more convinced that "emigration, and that alone, can preserve from destruction the remnant of the tribes yet living amongst us".

"No important change has during this season taken place in the condition of the Indians. Arrangements are in progress for the removal of the Creeks, and will soon be for the removal of the Seminoles. I regret that the Cherokees east of the Mississippi have not yet determined as a community to remove. How long the personal causes which have heretofore retarded that ultimately inevitable measure will continue to operate I am unable to conjecture. It is certain, however, that delay will bring with it accumulated evils which will render their condition more and more unpleasant. The experience of every year adds to the conviction that emigration, and that alone, can preserve from destruction the remnant of the tribes yet living amongst us. The facility with which the necessaries of life are procured and the treaty stipulations providing aid for the emigrant Indians in their agricultural pursuits and in the important concern of education, and their removal from those causes which have heretofore depressed all and destroyed many of the tribes, can not fail to stimulate their exertions and to reward their industry."

References

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