Andrew Jackson and the Indian Removal Act of 1830


Trail of Tears In Lawrenceburg, TN By Bernice Davidson

The 1830 Indian Removal Act led to the displacement of the Creek, Choctaw, Chickasaw, Seminole, and Cherokee tribes of the Southeast.


By Dr. P. Scott Corbett
Professor of History
Ventura College


Introduction

Pro-Jackson newspapers touted the president as a champion of opening land for white settlement and moving native inhabitants beyond the boundaries of “American civilization.” In this effort, Jackson reflected majority opinion: most Americans believed Indians had no place in the white republic. Jackson’s animosity toward Indians ran deep. He had fought against the Creek in 1813 and against the Seminole in 1817, and his reputation and popularity rested in large measure on his firm commitment to remove Indians from states in the South. The 1830 Indian Removal Act and subsequent displacement of the Creek, Choctaw, Chickasaw, Seminole, and Cherokee tribes of the Southeast fulfilled the vision of a white nation and became one of the identifying characteristics of the Age of Jackson.

Indians in Popular Culture

Popular culture in the first half of the nineteenth century reflected the aversion to Indians that was pervasive during the Age of Jackson. Jackson skillfully played upon this racial hatred to engage the United States in a policy of ethnic cleansing, eradicating the Indian presence from the land to make way for white civilization.

In an age of mass democracy, powerful anti-Indian sentiments found expression in mass culture, shaping popular perceptions. James Fenimore Cooper’s very popular historical novel, The Last of the Mohicans, published in 1826 as part of his Leatherstocking series, told the tale of Nathaniel “Natty” Bumppo (aka Hawkeye), who lived among Indians but had been born to white parents. Cooper provides a romantic version of the French and Indian War in which Natty helps the British against the French and the feral, bloodthirsty Huron. Natty endures even as his Indian friends die, including the noble Uncas, the last Mohican, in a narrative that dovetailed with most people’s approval of Indian removal.

Indians also made frequent appearances in art. George Catlin produced many paintings of native peoples, which he offered as true representations despite routinely emphasizing their supposed savage nature. The Cutting Scene, Mandan O-kee-pa Ceremony (Figure 10.12) is one example. Scholars have long questioned the accuracy of this portrayal of a rite of passage among the Mandan people. Accuracy aside, the painting captured the imaginations of white viewers, reinforcing their disgust at the savagery of Indians.

Figure 10.12 The Cutting Scene, Mandan O-kee-pa Ceremony, an 1832 painting by George Catlin, depicts a rite-ofpassage ceremony that Catlin said he witnessed. It featured wooden splints inserted into the chest and back muscles of young men. Such paintings increased Indians’ reputation as savages.

The Paintings of George Catlin

George Catlin seized upon the public fascination with the supposedly exotic and savage Indian, seeing an opportunity to make money by painting them in a way that conformed to popular white stereotypes (Figure 10.13). In the late 1830s, he toured major cities with his Indian Gallery, a collection of paintings of native peoples. Though he hoped his exhibition would be profitable, it did not bring him financial security.

Figure 10.13 In Attacking the Grizzly Bear (a), painted in 1844, Catlin focused on the Indians’ own vanishing culture, while in Wi-jún-jon, Pigeon’s Egg Head (The Light) Going To and Returning From Washington (b), painted in 1837–1839, he contrasted their ways with those of whites by showing an Assiniboine chief transformed by a visit to Washington, DC.

Catlin routinely painted Indians in a supposedly aboriginal state. In Attacking the Grizzly Bear, the hunters do not have rifles and instead rely on spears. Such a portrayal stretches credibility as native peoples had long been exposed to and adopted European weapons. Indeed, the painting’s depiction of Indians riding horses, which were introduced by the Spanish, makes clear that, as much as Catlin and white viewers wanted to believe in the primitive and savage native, the reality was otherwise.

The Indian Removal Act

In his first message to Congress, Jackson had proclaimed that Indian groups living independently within states, as sovereign entities, presented a major problem for state sovereignty. This message referred directly to the situation in Georgia, Mississippi, and Alabama, where the Creek, Choctaw, Chickasaw, Seminole, and Cherokee peoples stood as obstacles to white settlement. These groups were known as the Five Civilized Tribes, because they had largely adopted Anglo-American culture, speaking English and practicing Christianity. Some held slaves like their white counterparts.

Whites especially resented the Cherokee in Georgia, coveting the tribe’s rich agricultural lands in the northern part of the state. The impulse to remove the Cherokee only increased when gold was discovered on their lands. Ironically, while whites insisted the Cherokee and other native peoples could never be good citizens because of their savage ways, the Cherokee had arguably gone farther than any other indigenous group in adopting white culture. The Cherokee Phoenix, the newspaper of the Cherokee, began publication in 1828 (Figure 10.14) in English and the Cherokee language. Although the Cherokee followed the lead of their white neighbors by farming and owning property, as well as embracing Christianity and owning their own slaves, this proved of little consequence in an era when whites perceived all Indians as incapable of becoming full citizens of the republic.

Figure 10.14 This image depicts the front page of the Cherokee Phoenix newspaper from May 21, 1828. The paper was published in both English and the Cherokee language.

Jackson’s anti-Indian stance struck a chord with a majority of white citizens, many of whom shared a hatred of nonwhites that spurred Congress to pass the 1830 Indian Removal Act. The act called for the removal of the Five Civilized Tribes from their home in the southeastern United States to land in the West, in present-day Oklahoma. Jackson declared in December 1830, “It gives me pleasure to announce to Congress that the benevolent policy of the Government, steadily pursued for nearly thirty years, in relation to the removal of the Indians beyond the white settlements is approaching to a happy consummation. Two important tribes have accepted the provision made for their removal at the last session of Congress, and it is believed that their example will induce the remaining tribes also to seek the same obvious advantages.”

The Cherokee decided to fight the federal law, however, and took their case to the Supreme Court. Their legal fight had the support of anti-Jackson members of Congress, including Henry Clay and Daniel Webster, and they retained the legal services of former attorney general William Wirt. In Cherokee Nation v. Georgia, Wirt argued that the Cherokee constituted an independent foreign nation, and that an injunction (a stop) should be placed on Georgia laws aimed at eradicating them. In 1831, the Supreme Court found the Cherokee did not meet the criteria for being a foreign nation.

Another case involving the Cherokee also found its way to the highest court in the land. This legal struggle—Worcester v. Georgia—asserted the rights of non-natives to live on Indian lands. Samuel Worcester was a Christian missionary and federal postmaster of New Echota, the capital of the Cherokee nation. A Congregationalist, he had gone to live among the Cherokee in Georgia to further the spread of Christianity, and he strongly opposed Indian removal.

By living among the Cherokee, Worcester had violated a Georgia law forbidding whites, unless they were agents of the federal government, to live in Indian territory. Worcester was arrested, but because his federal job as postmaster gave him the right to live there, he was released. Jackson supporters then succeeded in taking away Worcester’s job, and he was re-arrested. This time, a court sentenced him and nine others for violating the Georgia state law banning whites from living on Indian land. Worcester was sentenced to four years of hard labor. When the case of Worcester v. Georgia came before the Supreme Court in 1832, Chief Justice John Marshall ruled in favor of Worcester, finding that the Cherokee constituted “distinct political communities” with sovereign rights to their own territory.

Chief Justice John Marshall’s Ruling in Worcester v. Georgia

In 1832, Chief Justice of the Supreme Court John Marshall ruled in favor of Samuel Worcester in Worcester v. Georgia. In doing so, he established the principle of tribal sovereignty. Although this judgment contradicted Cherokee Nation v. Georgia, it failed to halt the Indian Removal Act. In his opinion, Marshall wrote the following:

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. All these acts, and especially that of 1802, which is still in force, manifestly consider the several Indian nations as distinct political communities, having territorial boundaries, within which their authority is exclusive, and having a right to all the lands within those boundaries, which is not only acknowledged, but guaranteed by the United States. . . .

The Cherokee Nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves or in conformity with treaties and with the acts of Congress. The whole intercourse between the United States and this nation is, by our Constitution and laws, vested in the government of the United States.

The act of the State of Georgia under which the plaintiff in error was prosecuted is consequently void, and the judgment a nullity. . . . The Acts of Georgia are repugnant to the Constitution, laws, and treaties of the United States.

The Supreme Court did not have the power to enforce its ruling in Worcester v. Georgia, however, and it became clear that the Cherokee would be compelled to move. Those who understood that the only option was removal traveled west, but the majority stayed on their land. In order to remove them, the president relied on the U.S. military. In a series of forced marches, some fifteen thousand Cherokee were finally relocated to Oklahoma. This forced migration, known as the Trail of Tears, caused the deaths of as many as four thousand Cherokee (Figure 10.15). The Creek, Choctaw, Chickasaw, and Seminole peoples were also compelled to go. The removal of the Five Civilized Tribes provides an example of the power of majority opinion in a democracy.

Figure 10.15 After the passage of the Indian Removal Act, the U.S. military forced the Cherokee, Creek, Choctaw, Chickasaw, and Seminole to relocate from the Southeast to an area in the western territory (now Oklahoma), marching them along the routes shown here.

CLICK TO EXPLORE: Explore the interactive Trail of Tears map (http://openstaxcollege.org/l/15NativeAm) at PBS.org to see the routes the Five Civilized Tribes traveled when they were expelled from their lands. Then listen to a collection of Cherokee oral histories (http://openstaxcollege.org/l/15NativeAm2) including verses of a Cherokeelanguage song about the Trail of Tears. What do you think is the importance of oral history in documenting the Cherokee experience?

Black Hawk’s War

The policy of removal led some Indians to actively resist. In 1832, the Fox and the Sauk, led by Sauk chief Black Hawk (Makataimeshekiakiah), moved back across the Mississippi River to reclaim their ancestral home in northern Illinois. A brief war in 1832, Black Hawk’s War, ensued. White settlers panicked at the return of the native peoples, and militias and federal troops quickly mobilized. At the Battle of Bad Axe (also known as the Bad Axe Massacre), they killed over two hundred men, women, and children. Some seventy white settlers and soldiers also lost their lives in the conflict (Figure 10.16). The war, which lasted only a matter of weeks, illustrates how much whites on the frontier hated and feared Indians during the Age of Jackson.

Figure 10.16 Charles Bird King’s 1837 portrait Sauk Chief Makataimeshekiakiah, or Black Hawk (a), depicts the Sauk chief who led the Fox and Sauk peoples in an ill-fated effort to return to their native lands in northern Illinois. This engraving depicting the Battle of Bad Axe (b) shows U.S. soldiers on a steamer firing on Indians aboard a raft. (credit b: modification of work by Library of Congress)

The Tyranny and Triumph of the Majority

To some observers, the rise of democracy in the United States raised troubling questions about the new power of the majority to silence minority opinion. As the will of the majority became the rule of the day, everyone outside of mainstream, white American opinion, especially Indians and blacks, were vulnerable to the wrath of the majority. Some worried that the rights of those who opposed the will of the majority would never be safe. Mass democracy also shaped political campaigns as never before. The
1840 presidential election marked a significant turning point in the evolving style of American democratic politics.

Alexis de Tocqueville

Perhaps the most insightful commentator on American democracy was the young French aristocrat Alexis de Tocqueville, whom the French government sent to the United States to report on American prison reforms (Figure 10.17). Tocqueville marveled at the spirit of democracy that pervaded American life. Given his place in French society, however, much of what he saw of American democracy caused him concern.

Figure 10.17 Alexis de Tocqueville is best known for his insightful commentary on American democracy found in De la démocratie en Amérique. The first volume of Tocqueville’s two-volume work was immediately popular throughout Europe. The first English translation, by Henry Reeve and titled Democracy in America (a), was published in New York in 1838. Théodore Chassériau painted this portrait of Alexis de Tocqueville in 1850 (b).

Tocqueville’s experience led him to believe that democracy was an unstoppable force that would one day overthrow monarchy around the world. He wrote and published his findings in 1835 and 1840 in a twopart work entitled Democracy in America. In analyzing the democratic revolution in the United States, he wrote that the major benefit of democracy came in the form of equality before the law. A great deal of the social revolution of democracy, however, carried negative consequences. Indeed, Tocqueville described a new type of tyranny, the tyranny of the majority, which overpowers the will of minorities and individuals and was, in his view, unleashed by democracy in the United States.

In this excerpt from Democracy in America, Alexis de Tocqueville warns of the dangers of democracy when the majority will can turn to tyranny:

When an individual or a party is wronged in the United States, to whom can he apply for redress? If to public opinion, public opinion constitutes the majority; if to the legislature, it represents the majority, and implicitly obeys its injunctions; if to the executive power, it is appointed by the majority, and remains a passive tool in its hands; the public troops consist of the majority under arms; the jury is the majority invested with the right of hearing judicial cases; and in certain States even the judges are elected by the majority. However iniquitous or absurd the evil of which you complain may be, you must submit to it as well as you can. The authority of a king is purely physical, and it controls the actions of the subject without subduing his private will; but the majority possesses a power which is physical and moral at the same time; it acts upon the will as well as upon the actions of men, and it represses not only all contest, but all controversy. I know no country in which there is so little true independence of mind and freedom of discussion as in America.

CLICK TO EXPLORE: Take the Alexis de Tocqueville Tour (http://openstaxcollege.org/l/15Tocqueville) to experience nineteenth-century America as Tocqueville did, by reading his journal entries about the states and territories he visited with fellow countryman Gustave de Beaumont. What regional differences can you draw from his descriptions?

The 1840 Election

The presidential election contest of 1840 marked the culmination of the democratic revolution that swept the United States. By this time, the second party system had taken hold, a system whereby the older Federalist and Democratic-Republican Parties had been replaced by the new Democratic and Whig Parties. Both Whigs and Democrats jockeyed for election victories and commanded the steady loyalty of political partisans. Large-scale presidential campaign rallies and emotional propaganda became the order of the day. Voter turnout increased dramatically under the second party system. Roughly 25 percent of eligible voters had cast ballots in 1828. In 1840, voter participation surged to nearly 80 percent.

The differences between the parties were largely about economic policies. Whigs advocated accelerated economic growth, often endorsing federal government projects to achieve that goal. Democrats did not view the federal government as an engine promoting economic growth and advocated a smaller role for the national government. The membership of the parties also differed: Whigs tended to be wealthier; they were prominent planters in the South and wealthy urban northerners—in other words, the beneficiaries of the market revolution. Democrats presented themselves as defenders of the common people against the elite.

In the 1840 presidential campaign, taking their cue from the Democrats who had lionized Jackson’s military accomplishments, the Whigs promoted William Henry Harrison as a war hero based on his 1811 military service against the Shawnee chief Tecumseh at the Battle of Tippecanoe. John Tyler of Virginia ran as the vice presidential candidate, leading the Whigs to trumpet, “Tippecanoe and Tyler too!” as a campaign slogan.

The campaign thrust Harrison into the national spotlight. Democrats tried to discredit him by declaring, “Give him a barrel of hard [alcoholic] cider and settle a pension of two thousand a year on him, and take my word for it, he will sit the remainder of his days in his log cabin.” The Whigs turned the slur to their advantage by presenting Harrison as a man of the people who had been born in a log cabin (in fact, he came from a privileged background in Virginia), and the contest became known as the log cabin campaign (Figure 10.18). At Whig political rallies, the faithful were treated to whiskey made by the E. C. Booz Company, leading to the introduction of the word “booze” into the American lexicon. Tippecanoe Clubs, where booze flowed freely, helped in the marketing of the Whig candidate.

Figure 10.18 The Whig campaign song “Tippecanoe and Tyler Too!” (a) and the anti-Whig flyers (b) that were circulated in response to the “log cabin campaign” illustrate the partisan fervor of the 1840 election.

The Whigs’ efforts, combined with their strategy of blaming Democrats for the lingering economic collapse that began with the hard-currency Panic of 1837, succeeded in carrying the day. A mass campaign with political rallies and party mobilization had molded a candidate to fit an ideal palatable to a majority of American voters, and in 1840 Harrison won what many consider the first modern election.

Key Terms

American System: the program of federally sponsored roads and canals, protective tariffs, and a national bank advocated by Henry Clay and enacted by President Adams

code of deference: the practice of showing respect for individuals who had distinguished themselves through accomplishments or birth

corrupt bargain: the term that Andrew Jackson’s supporters applied to John Quincy Adams’s 1824 election, which had occurred through the machinations of Henry Clay in the U.S. House of Representatives

Five Civilized Tribes: the five tribes—Cherokee, Seminole, Creek, Choctaw, and Chickasaw—who had most thoroughly adopted Anglo-American culture; they also happened to be the tribes that were believed to stand in the way of western settlement in the South

Kitchen Cabinet: a nickname for Andrew Jackson’s informal group of loyal advisers

log cabin campaign: the 1840 election, in which the Whigs painted William Henry Harrison as a man of the people

monster bank: the term Democratic opponents used to denounce the Second Bank of the United States as an emblem of special privilege and big government

nullification: the theory, advocated in response to the Tariff of 1828, that states could void federal law at their discretion

rotation in office: originally, simply the system of having term limits on political appointments; in the Jackson era, this came to mean the replacement of officials with party loyalists

second party system: the system in which the Democratic and Whig Parties were the two main political parties after the decline of the Federalist and Democratic-Republican Parties

spoils system: the political system of rewarding friends and supporters with political appointments

Tariff of Abominations: a federal tariff introduced in 1828 that placed a high duty on imported goods in order to help American manufacturers, which southerners viewed as unfair and harmful to their region

Trail of Tears: the route of the forced removal of the Cherokee and other tribes from the southeastern United States to the territory that is now Oklahoma

tyranny of the majority: Alexis de Tocqueville’s phrase warning of the dangers of American democracy

universal manhood suffrage: voting rights for all male adults

Whigs: a political party that emerged in the early 1830s to oppose what members saw as President Andrew Jackson’s abuses of power

Summary

10.1 A New Political Style: From John Quincy Adams to Andrew Jackson

The early 1800s saw an age of deference give way to universal manhood suffrage and a new type of political organization based on loyalty to the party. The election of 1824 was a fight among Democratic- Republicans that ended up pitting southerner Andrew Jackson against northerner John Quincy Adams. When Adams won through political negotiations in the House of Representatives, Jackson’s supporters derided the election as a “corrupt bargain.” The Tariff of 1828 further stirred southern sentiment, this time against a perceived bias in the federal government toward northeastern manufacturers. At the same time, the tariff stirred deeper fears that the federal government might take steps that could undermine the system of slavery.

10.2 The Rise of American Democracy

The Democratic-Republicans’ “corrupt bargain” that brought John Quincy Adams and Henry Clay to office in 1824 also helped to push them out of office in 1828. Jackson used it to highlight the cronyism of Washington politics. Supporters presented him as a true man of the people fighting against the elitism of Clay and Adams. Jackson rode a wave of populist fervor all the way to the White House, ushering in the ascendency of a new political party: the Democrats. Although Jackson ran on a platform of clearing the corruption out of Washington, he rewarded his own loyal followers with plum government jobs, thus continuing and intensifying the cycle of favoritism and corruption.

10.3 The Nullification Crisis and the Bank War

Andrew Jackson’s election in 1832 signaled the rise of the Democratic Party and a new style of American politics. Jackson understood the views of the majority, and he skillfully used the popular will to his advantage. He adroitly navigated through the Nullification Crisis and made headlines with what his supporters viewed as his righteous war against the bastion of money, power, and entrenched insider interests, the Second Bank of the United States. His actions, however, stimulated opponents to fashion an opposition party, the Whigs.

10.4 Indian Removal

Popular culture in the Age of Jackson emphasized the savagery of the native peoples and shaped domestic policy. Popular animosity found expression in the Indian Removal Act. Even the U.S. Supreme Court’s ruling in favor of the Cherokee in Georgia offered no protection against the forced removal of the Five Civilized Tribes from the Southeast, mandated by the 1830 Indian Removal Act and carried out by the U.S. military.

10.5 The Tyranny and Triumph of the Majority

American culture of the 1830s reflected the rise of democracy. The majority exercised a new type of power that went well beyond politics, leading Alexis de Tocqueville to write about the “tyranny of the majority.” Very quickly, politicians among the Whigs and Democrats learned to master the magic of the many by presenting candidates and policies that catered to the will of the majority. In the 1840 “log cabin campaign,” both sides engaged in the new democratic electioneering. The uninhibited expression during the campaign inaugurated a new political style.


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