The Effects of the Indian Removal Act

Although the Indian Removal Act of 1830 brought about a more rapid elimination of Native American tribes living east of the Mississippi, it was not the start of the removal. Prior to the Indian Removal Act, there was a general American “policy” that suggested if the Indians were to assimilate or become “civilized” that they could remain on their current land among the white settlers. Assimilation meant that the Indians would be required to give up all of their culture, religions and basic lifestyle for those of western European culture. Many Indians did try to assimilate. Some were successful and some were not. The remainder of the Indian population refused to give up their culture heritage and this lead the white settlers to believe that the best thing would be to remove them from the area all together. Even those that assimilated were eventually made to leave their lands to make room for the white settlers. Removing the Indians from the east and transporting them to the west caused much devastation to the Indian people. Not only were they forced to leave ancestral lands that had been part of their family’s history for hundreds of years, but they were also moved to locations with unfamiliar climates and surroundings. The journey from the east to the west was one of great death and devastation. During these “forced” relocations marches, many died due to hunger, disease and exhaustion. Many tribes did not fight the removal and signed treaties right away, while others decided to stay and fight. Several wars broke out among various Indian tribes and the U.S. There was much unrest on the part of the Native Americans in their attempt to figure out how all of these changes would affect them.

This is a picture of The Trail of Tears that was
painted by Robert Lindneux in 1942. This picture
is meant to commemorate the suffering of the Cherokee
people under their forced removal.

Under Jackson and Martin Van Buren, a total of seventy thousand Indians east of the Mississippi were forced westward. (Zinn, 100) Prior to the Removal Act, treaties were being signed with tribes to cede at least parts of their eastern lands in exchange for lands in the west. From 1814-1824, a total of 11 treaties were signed with southern tribes. (PBS) Unlike the treaties to come after the Removal Act, these treaties were signed mostly voluntarily. Not because these tribes preferred to move west, but because their treaties allowed them to retain some of their land with the protection of the government from white harassment. Because of these 11 treaties, the U.S. gained control of three-quarters of the Alabama and Florida; as well as parts of Georgia, Tennessee, Mississippi, Kentucky and North Carolina. (PBS) Just a few actually migrated west to their newly allotted lands in what was then being called “Indian Territory” at first. The major migration would come later after the Removal Act when tribes were bribed, bullied and otherwise forced from their lands. Although the removal was never actually declared “force”, even after the Removal Act took effect, anyone who chose to remain behind would no longer be protected by the government. If they did choose to leave, the federal government would grant them land beyond the Mississippi and/or financial support to get there and even sometimes financial support for an extended period of time.

In order to remain on their lands, many tribes tried to assimilate or become “civilized” as the white settlers referred to it. The Indians goals were to coexist by adopting Anglo-American practices such as larger-scale farming, written laws, and even slave-holding. (Foner, 366) Although this put a temporary lull in the removal, it did not clear the Indians of the fact that what was mostly wanted was their lands. There were five major “civilized” tribes that would soon be forced to migrate west of the Mississippi. These were the Choctaw, Seminole, Creek, Chickasaw and Cherokee.

Map showing land and water routes taken by Cherokee, Chickasaw, Choctaw, Creek, and Seminole Indians during removal to Oklahoma, 1838-1839.
(LEARN NC)

The Choctaws
It was the mission of President Andrew Jackson to make the Choctaw a model example of his plan for complete Indian Removal. The Choctaw were the first to sign a removal treaty in 1830, after the Indian Removal Act was put into place. The Choctaw did not want to leave their land, but after fifty of their delegates took secret bribes of money and land, the treaty was signed. (Zinn, 105). In 1831, over 13,000 Choctaws started their journey west. This could be associated as the first Trial of Tears because the migration was a disorganized mess. Due to lack of preparation on the part of the government that was supposed to be helping the Choctaw with their migration, there was a shortage of food and many died on the journey. There was also a major cholera epidemic that took a large amount of lives. Over 7000 Choctaws stayed behind and refused to migrate west.

The Seminole
After Jackson’s removal of the Choctaws, the government then turned their attention to the Seminoles. In 1832, the Treaty of Payne’s landing was signed. This treaty stipulated that the Seminoles would make the move west, if they deemed the land to be suitable. Seminole leaders did not make the journey west to inspect the land until the following year. Thus, the treaty did not get ratified until April of 1834. The original treaty however stipulated that the Seminoles would move within three years. The government enforced this using the original treaty date of 1832, not the ratified date of 1834. It was expected that they would leave their lands by 1835. The majority of the tribe declared this treaty illegitimate and said that those that signed the treaty had been “tricked” into doing so. In 1835, when it was evident that the Seminoles were not going to cede their land, tension and hostility started between the Seminoles and the U.S, eventually leading to the start of the second Seminole war. The war would end up lasting from 1835-1842 and is said to be the most expensive Indian war every fought in the U.S. Approximately 1500 American soldiers and 1500 Seminoles would lose their lives in the fight to stay on their land. Eventually over 3000 were forced west, but some still refused to leave. Those that remain would see the coming of the third Seminole war that would last from 1855-1858.

The Creeks
In 1832, the Creeks signed a treaty with the U.S. This was the Cusseta Treaty that stipulated the ceding of all Creek claims east of the Mississippi to the United States. In return, they would receive land claims in their former area and that the government would pay all the expenses to emigrants for one year for all of those willing to go west. It was made very clear that the U.S. wanted as many Creeks out of the area and moved west as possible in as little amount of time as possible. Those that stayed on their newly appointed portion of land were soon taken advantage by speculators. Not knowing the fair value of their land, these speculators cheated many Creeks by paying excessively low prices. For those that managed to keep their land, they were soon overrun with white settlers that would squat on their land. The government did nothing to protect them from these squatters and these soon lead to major conflicts between the white settlers and the Creeks. These conflicts would sometimes become violent and the government eventually insisted that it was a military necessity to remove all Creeks to Indian Territory. In the end, over 19,000 Creeks would emigrate or were forced west.

Below is the Treaty that was signed between the Creeks and the United States. This helps give some idea as to the lengths in which the United States government would go to remove the Indians from their land.


Treaty with the Creeks, 1832
Mar., 24, 1832. 7 Stat., 366. Proclamation, Apr. 4, 1832. Indian Affairs: Laws and Treaties. Vol. II (Treaties)
Compiled and edited by Charles J. Kappler
Washington : Government Printing Office, 1904
[ Pages 341-343 ]
Articles of a treaty made at the City of Washington between Lewis Cass, thereto specially authorized by the President of the United States, and the Creek tribe of Indians.

ARTICLE I. The Creek tribe of Indians cede to the United States all their land, East of the Mississippi river.
ARTICLE II. The United States engage to survey the said land as soon as the same can be conveniently done, after the ratification of this treaty, and when the same is surveyed to allow ninety principal Chiefs of the Creek tribe to select one section each, and every other head of a Creek family to select one half section each, which tracts shall be reserved from sale for their use for the term of five years, unless sooner disposed of by them. A census of these persons shall be taken under the direction of the President and the selections shall be made so as to include the improvements of each person within his selection, if the same can be so made, and if not, then all the persons belonging to the same town, entitled to selections, and who cannot make the same, so as to include their improvements, shall take them in one body in a proper form. And twenty sections shall be selected, under the direction of the President for the orphan children of the Creeks, and divided and retained or sold for their benefit as the President may direct. Provided however that no selections or locations under this treaty shall be so made as to include the agency reserve.
ARTICLE III. These tracts may be conveyed by the persons selecting the same, to any other persons for a fair consideration, in such manner as the President may direct. The contract shall be certified by some person appointed for that purpose by the President but shall not be valid ‘till the President approves the same. A title shall be given by the United States on the completion of the payment.
ARTICLE IV. At the end of five years, all the Creeks entitled to these selections, and desirous of remaining, shall receive patents therefor in fee simple, from the United States.
ARTICLE V. All intruders upon the country hereby ceded shall be removed therefrom in the same manner as intruders may be removed by law from other public land until the country is surveyed, and the selections made; excepting however from this provision those white persons who have made their own improvements, and not expelled the Creeks from theirs. Such persons may remain ‘till their crops are gathered. After the country is surveyed and the selections made, this article shall not operate upon that part of it not included in such selections. But intruders shall, in the manner before described, be removed from these selections for the term of five years from the ratification of this treaty or until the same are conveyed to white persons.
ARTICLE VI. Twenty-nine sections in addition to the foregoing may be located, and patents for the same shall then issue to those persons, being Creeks, to whom the same may be assigned by the Creek tribe. But whenever the grantees of these tracts possess improvements, such tracts shall be so located as to include the improvements, and as near as may be in the centre. And there shall also be granted by patent to Benjamin Marshall, one section of land, to include his improverments on the Chatahoochee river, to be bounded for one mile in a direct line along the said river, and to run back for quantity. There shall also be granted to Joseph Bruner a colored man, one half section of land, for his services as an interpreter.
ARTICLE VII. All the locations authorized by this treaty, with the exception of that of Benjamin Marshall shall be made in conformity with the lines of the surveys; and the Creeks relinquish all claim for improvements.
ARTICLE VIII. An additional annuity of twelve thousand dollars shall be paid to the Creeks for the term of five years, and thereafter the said annuity shall be reduced to ten thousand dollars, and shall be paid for the term of fifteen years. All the annuities due to the Creeks shall be paid in such manner as the tribe may direct.
ARTICLE IX. For the purpose of paying certain debts due by the Creeks, and to relieve them in their present distressed condition, the sum of one hundred thousand dollars, shall be paid to the Creek tribe as soon as may be after the ratification hereof, to be applied to the payment of their just debts, and then to their own relief, and to be distributed as they may direct, and which shall be in full consideration of all improvements.
ARTICLE X. The sum of sixteen thousand dollars shall be allowed as a compensation to the delegation sent to this place, and for the payment of their expenses, and of the claims against them.
ARTICLE XI. The following claims shall be paid by the United States.
For ferries, bridges and causeways, three thousand dollars, provided that the same shall become the property of the United States.
For the payment of certain judgments obtained against the chiefs eight thousand five hundred and seventy dollars.
For losses for which they suppose the United States responsible, seven thousand seven hundred and ten dollars.
For the payment of improvements under the treaty of 1826 one thousand dollars.
The three following annuities shall be paid for life.
To Tuske-hew-haw-Cusetaw two hundred dollars.
To the Blind Uchu King one hundred dollars.
To Neah Mico one hundred dollars.
There shall be paid the sum of fifteen dollars, for each person who has emigrated without expense to the United States, but the whole sum allowed under this provision shall not exceed fourteen hundred dollars.
There shall be divided among the persons, who suffered in consequence of being prevented from emigrating, three thousand dollars. The land hereby ceded shall remain as a fund from which all the foregoing payments except those in the ninth and tenth articles shall be paid.
ARTICLE XII. The United States are desirous that the Creeks should remove to the country west of the Mississippi, and join their countrymen there; and for this purpose it is agreed, that as fast as the Creeks are prepared to emigrate, they shall be removed at the expense of the United States, and shall receive subsistence while upon the journey, and for one year after their arrival at their new homes—Provided however, that this article shall not be construed so as to compel any Creek Indian to emigrate, but they shall be free to go or stay, as they please.
ARTICLE XIII. There shall also be given to each emigrating warrior a rifle, moulds, wiper and ammunition and to each family one blanket. Three thousand dollars, to be expended as the President may direct, shall be allowed for the term of twenty years for teaching their children. As soon as half their people emigrate, one blacksmith shall be allowed them, and another when two-thirds emigrate, together with one ton of iron and two hundred weight of steel annually for each blacksmith.—These blacksmiths shall be supported for twenty years.
ARTICLE XIV. The Creek country west of the Mississippi shall be solemnly guarantied to the Creek Indians, nor shall any State or Territory ever have a right to pass laws for the government of such Indians, but they shall be allowed to govern themselves, so far as may be compatible with the general jurisdiction which Congress may think proper to exercise over them. And the United States will also defend them from the unjust hostilities of other Indians, and will also as soon as the boundaries of the Creek country West of the Mississippi are ascertained, cause a patent or grant to be executed to the Creek tribe; agreeably to the 3d section of the act of Congress of May 2d, [28,] 1830, entitled “An 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 Mississippi.”
ARTICLE XV. This treaty shall be obligatory on the contracting parties, as soon as the same shall be ratified by the United States. In testimony whereof, the said Lewis Cass, and the undersigned chiefs of the said tribe, have hereunto set their hands at the city of Washington, this 24th day of March, A. D. 1832.

Lewis Cass,
Opothleholo, his x mark,
Tuchebatcheehadgo, his x mark,
Efiematla, his x mark,
Tuchebatche Micco, his x mark,
Tomack Micco, his x mark,
William McGilvery, his x mark
Benjamin Marshall.

In the presence of--
Samuel Bell,
William R. King,
John Tipton,
William Wilkins,
C. C. Clay,
J. Speight,
Samuel W. Mardis,
J. C. Isacks,
John Crowell, I. A.
Benjamin Marshall,
Thomas Carr,
John H. Brodnax,
Interpreters.

(USGenNet)

The Chickasaw
The treaty of Pontotac Creek was signed by the United States and the Chickasaw in 1832. This treaty was unlike other tribes because they did not receive land grants. Instead, the Chickasaw agreed to payment of their land in the terms of complete migration west of the Mississippi. After several years of negotiations with the Choctaws, the Chickasaws finally purchased a portion of the Choctaws western land for their settlement. In the winter of 1837, the Chickasaws finally started their journey west.

The Cherokee
As if there were not enough troubles from eager white settlers wanting land, the Cherokees had another issue to deal with in 1829. Gold was discovered on Cherokee land in Georgia, and there soon was a major rush of prospectors coming to claim their stacks. Not only that, but Georgia tried to reclaim the land that was originally granted to the Cherokee Nation through a treaty with the U.S. Government in 1791. (History Matters) Now that there was gold, Georgia wanted the land back. The Cherokee protested and took the case all the way to the Supreme Court. In the case of Cherokee Nation v. Georgia (1831), the courts ruled that Indians were "wards of the federal government. They deserved paternal regard and protection, but they lacked the standing as citizens that would allow the Supreme Court to enforce their rights." (Foner, 367) In 1832, the courts seemed to change their mind in the case of Worcester v. Georgia. They ruled that they were a separate political identity and should b dealt with by the federal government, not the states. (Foner, 367) Regardless of the court ruling, President Jackson forced the Native Americans to give up their land. In 1835 the treaty of New Echota was signed for removal of the Cherokee's west of the Mississippi. The treaty was signed by a small number of tribal members, who were not recognized leaders of the Cherokee nation. Over 15,000 Cherokees (lead by Chief John Rose) signed a petition in protest of the treaty saying it did not represent the majority of the people. The Supreme Court ignored they petition and ratified the treaty in 1836. At this point, the Cherokee were given two years to "voluntarily" migrate west. When the two years was up, only 2,000 had migrated and over 17,000 remained on their land. (PBS). In 1838, seven thousand troops were sent into Cherokee lands who forced them into stockades at bayonet point (PBS). "On October 1, 1838, the first detachment set out in what was to be known as the Trail of Tears." (Zinn, 109) 4,000 Cherokee people lost their lives on this forced march west due to cold, hunger and disease.

All-in-all, due to the Indian removal, the U.S. Government gained a great deal of valuable land that was used to advance white settlements. Very little concern was giving to the Indians and the effects that this removal would have on them. The main concern was to remove what they concerned to be the treat to civilized advancement. By 1837, over 46,000 Native Americans had been removed from their lands, thus opening 25 million acres for the white settlers. (PBS)




Sources:

Foner, Eric. Give Me Liberty! An American History.
W.W. Norton & Company, Inc, 2009. Print

History Matters. “The Indian Removal Act and the trail of Tears: Cause, Effect and Justification”.
3/25/2010. http://historymatters.gmu.edu/d/7402

LEARN NC. “Routes of Indian Removal”.
3/24/2010. http://www.learnnc.org/lp/multimedia/9778

PBS. “People & Events. Indian Removal. 1814-1858”.
3/25/2010. http://www.pbs.org/wgbh/aia/part4/4p2959.html

USGenNet. “Treaty with the Creeks, 1832”.
3/31/2010. http://tngenweb.org/cessions/18320324.html

Zinn, Howard. A People’s History of the United States. Volume 1: American
Beginnings to Reconstruction. The New Press, New York, 2003. Print.