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{{short description|Law authorizing removal of Indians from US states}} |
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{{Distinguish|Indian Relocation Act of 1956}} |
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{{Infobox U.S. legislation |
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|fullname=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 river Mississippi. |
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|enacted by=21st |
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|effective date= |
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|public law url= |
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|cite public law= {{USPL|21|148}} |
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|cite statutes at large= {{usstat|4|411}} |
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|introducedin= Senate |
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|introducedbill= {{USBill|21|S.|102}} |
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|passedbody1=Senate |
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|passeddate1=April 24, 1830 |
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|passedbody2=House |
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|passeddate2=May 26, 1830 |
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|signeddate= May 28, 1830 |
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}} |
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{{Genocide of Indigenous peoples}} |
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{{Genocide}} |
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The '''Indian Removal Act''' was signed into law on May 28, 1830, by United States President ]. The law authorized the president to negotiate with ] ]s for ] to federal territory west of the ] in exchange for white settlement of their ancestral lands.<ref name="fn_1">The ] passed the bill on April 24, 1830 (28–19), the ] passed it on May 26, 1830 (102–97); Prucha, Francis Paul, ''The Great Father: The United States Government and the American Indians'', Volume I, Lincoln: University of Nebraska Press, 1984, p. 206.</ref><ref>The ; May 26, 1830; House vote No. 149; Government Tracker online; retrieved October 2015</ref><ref>{{cite web | url=https://www.loc.gov/rr/program/bib/ourdocs/Indian.html |title=Indian Removal Act: Primary Documents of American History |publisher=Library of Congress| accessdate=May 12, 2011}}</ref> The act has been referred to as a unitary act of systematic ], because it discriminated against an ethnic group in so far as to make certain the death of vast numbers of its population.<ref name=AmericanIndianSmithsonian>{{cite AV media| date = March 3, 2015 | title = The "Indian Problem"| url = https://www.youtube.com/watch?v=if-BOZgWZPE| access-date = April 16, 2018| time = 12:21| location = 10:51–11:17| publisher = ]| quote = When you move a people from one place to another, when you displace people, when you wrench people from their homelands ... wasn't that genocide? We don't make the case that there was genocide. We know there was. Yet here we are. |
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}}</ref> The Act was signed by Andrew Jackson and it was strongly enforced under his administration and that of ], which extended until 1841.<ref name="Lewey2004">{{cite journal | author = Lewey, Guenter | author-link = Guenter Lewy | date = September 1, 2004 | title = Were American Indians the Victims of Genocide? | journal = Commentary | url = https://www.commentarymagazine.com/articles/were-american-indians-the-victims-of-genocide/ | access-date = March 8, 2017 }} Also available in reprint from the .</ref> |
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The Act was strongly supported by southern and northeastern populations, but was opposed by native tribes and the ]. The Cherokee worked together to stop this relocation, but were unsuccessful; they were eventually forcibly removed by the United States government in a march to the west that later became known as the ]. |
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==Background== |
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] called for an American Indian Removal Act in his 1829 State of the Union address.]] |
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In the early 1800s, the United States government began a systematic effort to remove American Indian tribes from the southeast<ref>{{Cite web | url = https://www.pbs.org/wgbh/aia/part4/4p2959.html| title = Indian Removal| date = 1999| accessdate = | website = PBS Africans in America: Judgment Day| publisher = WGBH Educational Foundation| last = | first = }}</ref> The ], ], ], ], and ]<ref>These tribes were referred to as the "]" by Colonial settlers.</ref> had been established as ] ]s in the southeastern United States. |
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This ] was originally proposed by ] and was well under way among the Cherokee and Choctaw by the turn of the 19th century.<ref name="perdue">{{cite book | last=Perdue| first = Theda| title= Mixed Blood Indians: Racial Construction in the Early South| year = 2003| publisher = The University of Georgia Press| chapter = Chapter 2 "Both White and Red"| page = 51| isbn = 978-0-8203-2731-0}}</ref> In an effort to force assimilation with colonial culture, Indians were encouraged to "convert to Christianity; learn to speak and read English; and adopt European-style economic practices such as the individual ownership of land and other property (including, in some instances, the ownership of African slaves)."<ref>{{Cite web | url = http://www.history.com/topics/native-american-history/trail-of-tears| title = Trail of Tears| date = 2009| accessdate = | website = History.com| publisher = A+E Networks| last = | first = }}</ref> ]'s policy echoed Washington's proposition: respect the Indians' rights to their homelands, and allow the Five Tribes to remain east of the Mississippi provided that they adopt behavior and cultural practices that are compatible with those of colonialists. Jefferson encouraged practicing an agriculture-based society. Andrew Jackson sought to renew a policy of political and military action for the removal of the Indians from these lands and worked toward enacting a law for Indian removal.<ref name="letterharrison1803">{{cite web | url=http://courses.missouristate.edu/ftmiller/Documents/jeffindianpolicy.htm| title=President Thomas Jefferson to William Henry Harrison, Governor of Indiana Territory| last=Jefferson| first=Thomas| year=1803| accessdate=2012-07-14}}</ref><ref>{{cite web | last=Jackson| first=Andrew| title=President Andrew Jackson's Case for the Removal Act| url=https://www.mtholyoke.edu/acad/intrel/andrew.htm| publisher=Mount Holyoke College| accessdate=May 28, 2013}}</ref> In his 1829 ], Jackson called for removal.<ref>{{Cite web| title = Andrew Jackson calls for Indian removal – North Carolina Digital History| url = http://www.learnnc.org/lp/editions/nchist-newnation/4350| website = www.learnnc.org| accessdate = 2015-04-07| archive-url = https://web.archive.org/web/20150412211745/http://www.learnnc.org/lp/editions/nchist-newnation/4350| archive-date = 2015-04-12| url-status = dead}}</ref> |
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The Indian Removal Act was put in place to give to the southern states the land that belong to the Native Americans. The act was passed in 1830, although dialogue had been ongoing since 1802 between Georgia and the ] concerning such an event. 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 such purchase could be made upon reasonable terms'".<ref>{{cite journal | title=An Administrative Trail of Tears: Indian Removal | authorlink= | last= Davis | first= Ethan | journal= The American Journal of Legal History|volume=50|issue=1 | pages= 50–55}}</ref> As time passed, southern states began to speed up the process by posing the argument that the deal between Georgia and the federal government had no contract and that southern states could pass the law themselves. This scheme forced the national government to pass the Indian Removal Act on May 28, 1830, in which President Jackson agreed to divide the United States territory west of the Mississippi into districts for tribes to replace the land from which they were removed. |
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In the 1823 case of '']'', the ] handed down a decision stating that Indians could occupy and control lands within the United States but could not hold title to those lands.<ref name="pbsremoval">{{cite web | url=https://www.pbs.org/wgbh/aia/part4/4p2959.html| title=Indial Removal 1814–1858| publisher=Public Broadcasting System| accessdate=2009-08-11}}</ref> Jackson viewed the union as a ], as was common before the ]. He opposed Washington's policy of establishing treaties with Indian tribes as if they were foreign nations. Thus, the creation of Indian jurisdictions was a violation of state sovereignty under ] of the Constitution. As Jackson saw it, either Indians comprised sovereign states (which violated the Constitution) or they were subject to the laws of existing states of the Union. Jackson urged Indians to assimilate and obey state laws. Further, he believed that he could only accommodate the desire for Indian self-rule in federal territories, which required resettlement west of the Mississippi River on federal lands.<ref>{{cite book | title=Andrew Jackson: His Life and Times| authorlink=H.W. Brands| last=Brands| first=H.W.| publisher=Anchor| year=2006| isbn=978-1-4000-3072-9| page=488}}</ref><ref>{{cite book | authorlink=Woodrow Wilson | last=Wilson| first=Woodrow| title=Division and Reunion 1829–1889|year=1898| publisher=Longmans, Green and Co.| pages=–38| url=https://archive.org/details/divisionandreun00corwgoog| quote=Indian question. }}</ref> |
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==Support and opposition== |
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] |
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The Removal Act was strongly supported in the South, especially in ], 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.<ref name="historychannel">{{cite web|url=http://www.history.com/topics/indian-removal-act |title=Indian Removal Act |publisher=A&E Television Networks |year=2011 |accessdate=February 20, 2012 |url-status=dead |archiveurl=https://web.archive.org/web/20100308081936/http://www.history.com/topics/indian-removal-act |archivedate=March 8, 2010 }}</ref> Besides the Five Civilized Tribes, additional people affected included the ], the ], the ], the ], and the ].<ref>{{cite web |title=Timeline of Removal |url=https://www.okhistory.org/research/airemoval.php |website=Oklahoma Historical Society |accessdate=18 January 2019}}</ref> |
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The Indian Removal Act was controversial. Many Americans during this time favored its passage, but there was also significant opposition. Many Christian ] protested against it, most notably missionary organizer ]. In Congress, ] Senator ] and ] Congressman ] spoke out against the legislation. The Removal Act passed only after bitter debate in Congress.<ref>Howe pp. 348–52.</ref> |
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Jackson viewed the demise of Indian tribal nations as inevitable, pointing to the advancement of settled life and demise of tribal nations in the American northeast. He called his northern critics hypocrites, given the ]'s history. There were almost no Native American tribes, Indian hunting grounds had been replaced with family farms, and state law had replaced tribal law. If the Indians of the south were to survive and their culture be maintained, they faced powerful historical forces that could only be postponed. He dismissed romantic portrayals of lost Indian culture as a sentimental longing for a simpler time in the past, stating that "progress requires moving forward."<ref name=b489>Brands; (2006); pp. 489–93</ref> |
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<blockquote>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 has never 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?<ref>Brands; (2006); p. 490</ref><ref>{{cite web | url=http://www.columbia.edu/~lmg21/BC3180/removal.html| title=Statements from the Debate on Indian Removal| publisher=Columbia University| accessdate=March 21, 2014}}</ref><ref>{{cite book|title=Native American Voices: A History and Anthology|editor=Steven Mintz|volume=2|publisher=Brandywine Press|year=1995|pages=115–16}}</ref></blockquote>One particularly avid supporter was Louis Sarwal. |
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According to historian ], Jackson sincerely believed that his ] was a "wise and humane policy" that would save the Indians from "utter annihilation". Brands writes that, given the "racist realities of the time, Jackson was almost certainly correct in contending that for the Cherokees to remain in Georgia risked their extinction". Jackson portrayed his paternalism and federal support as a generous act of mercy.<ref name=b489/> |
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==Vote== |
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On April 24, 1830, the Senate passed the Indian Removal Act by a vote of 28 to 19.<ref>{{cite web | url=https://www.govtrack.us/congress/votes/21-1/s104 |title=To Order Engrossment and Third Reading of S. 102. |publisher=] |date=2013-07-07| accessdate=2013-10-21}}</ref> On May 26, 1830, the House of Representatives passed the Act by a vote of 101 to 97.<ref>{{cite web | url=https://www.govtrack.us/congress/votes/21-1/h149 |title=To Pass S. 102. (P. 729) |publisher=GovTrack |date=2013-07-07 | quote= The bill passed 101–97, with 11 not voting| accessdate=2013-10-21}}</ref> On May 28, 1830, the Indian Removal Act was signed into law by President Andrew Jackson. |
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==Implementation== |
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{{Main|Indian removal}} |
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The Removal Act paved the way for the forced expulsion of tens of thousands of American Indians from their land into the ] in an event widely known as the "]," a forced ] of the Indian population.<ref>{{cite book|last=Greenwood|first=Robert E.|title=Outsourcing Culture: How American Culture has Changed From "We the People" Into a One World Government|publisher=Outskirts Press|year=2007|pages=97}}</ref><ref>{{cite book|editor=Rajani Kannepalli Kanth|title=The Challenge of Eurocentrism|publisher=Palgrave MacMillan|year=2009|last=Molhotra|first=Rajiv|chapter=American Exceptionalism and the Myth of the American Frontiers|pages=180, 184, 189, 199}}</ref><ref>{{cite book|last1=Finkelman|first1=Paul|last2=Kennon|first2=Donald R.|title=Congress and the Emergence of Sectionalism|publisher=Ohio University Press|year=2008|pages=15, 141, 254}}</ref><ref>{{cite book|last=BKiernan|first=Ben|title=Blood and Soil: A World History of Genocide and Extermination from Sparta to Darfur|publisher=Yale University Press|year=2007|pages=328, 330}}</ref> The first removal treaty signed was the ] on September 27, 1830, in which ]s in ] ceded land east of the river in exchange for payment and land in the West. The ] was signed in 1835 and resulted in the removal of the Cherokee on the Trail of Tears. |
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The Seminoles and other tribes did not leave peacefully, as they resisted the removal along with fugitive slaves. The ] lasted from 1835 to 1842 and resulted in the government allowing them to remain in the south Florida swamplands. Only a small number remained, and around 3,000 were removed in the war.<ref>{{cite book|first=Eric|last=Foner|authorlink=Eric Foner|date=2006|title=Give me liberty|url=https://archive.org/details/givemelibertyame00fone|url-access=registration|publisher=Norton}}</ref> |
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{{wikisource}} |
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==See also== |
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* '']'' |
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==References== |
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{{Reflist|30em}} |
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==Further reading== |
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* ], Daniel Walker. ''].'' (2007) {{ISBN|978-0-19-507894-7}} |
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==External links== |
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*, at the ]'' |
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*; Text at 100 Milestone Documents |
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{{Indian Removal}} |
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{{Native American rights}} |
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{{Native American topics}} |
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{{Aboriginal title in the United States}} |
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{{Authority control}} |
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