During the nineteenth century, tribes called the Cherokee's were settled in Georgia. The Cherokee Indians were civilized group of people. The State of Georgia did not accept the Cherokee and wanted them out of There State. In this report you will understand both sides of the situation, I will give my analysis and reason why this was truly an American tragedy.
The Cherokee's considered them a nation. They were civilized with a government and leadership. Georgia felt that the Cherokee's should leave the state, they felt the Cherokee's territory was much needed land for new American settlers.
In 1824 President James Monroe suggested that all Indians be moved beyond the Mississippi River. Congress rejected this proposal. Georgia kept on pushing for the removal. It accused the federal government of not fulfilling its 1802 promise to remove the Indians in return for the state's renunciation of its claim to western lands. Many Indian tribes left but the Cherokees refused.
The situation went to court in the Cherokee Nation V. Georgia in 1831. Chief Justice John Marshall ruled that under the federal constitution Indian tribe was neither a foreign nation nor a state and therefore had no standing in federal courts. Marshall also stated that the Cherokee's unquestionable had a right to there land, they would lose little only by voluntarily giving it up. .
One year later in Worchester v. Georgia Marshall defined the Cherokee's as a distinct political community in which the laws of Georgia have no force and could not enter Cherokee territory (Document I). Andrew Jackson was determined to remove the Cherokees.
In the Removal Act of 1830 Congress funded Jackson funds to negotiate treaties with the Indians. A few of the Cherokee leaders signed the treaty of New Echota in 1835, which authorized tribe removal voluntarily. The treaty had no meaning because the consensus of Cherokee people did not want to leave.