In 1791, the Treaty of Holston was signed in Knoxville by the Military Governor of the Southwest Territory, William Blount, and the leader of the Cherokee Nation. The US government guaranteed that the Cherokee Nation could be independent and have its own government.
The Cherokee Nation existed mostly in Georgia but extended into Tennessee, North Carolina, and Alabama. The Cherokee people had created an advanced society with an independent government and a Constitution.
As the nation expanded west, many Native American Indians remained in the east, including the Cherokee. The Cherokee, Creek, Seminole, Chickasaw, and Choctaw made up the "Five Civilized Tribes." These groups had created successful societies that were much like any other American communities. While Americans recognized the success of the "Five Civilized Tribes," they did not necessarily respect their rights. In fact, some wanted the Native Americans land for themselves. To make this possible, they asked the federal government to force the Indians off of their land and relocate them to land west of the Mississippi River.
When Andrew Jackson ran for President in 1828, he promised to solve the "Indian Problem" if he were elected. Once Jackson took office in 1829, he persuaded Congress the pass the Indian Removal Act.
Cherokee Chief John Ross
(He was the son of a Scottish father and a part Cherokee, part Scottish mother.)Once the Indian Removal Act passed, the Cherokee Nation went to court. The Cherokee Nation's Chief, John Ross, argued their case before the Supreme Court of the United States.
In 1832, Chief Justice John Marshall and the Supreme Court ruled in favor of the Cherokee Nation in Worcester v. Georgia. He said that state laws were not valid in Cherokee lands.
Worcester v. Georgia was an important victory for the Cherokee. It should have protected Cherokee lands from white settlement, but it was not enough.
President Jackson, who had recently signed the Indian Removal Act, did not approve of Marshall's decision, and he refused to enforce the Supreme Court ruling. Because Jackson failed to enforce the law, the court's decision was never carried out. President Andrew Jackson ignored the ruling and ordered the Indians to be removed anyways!
In 1838, the US government sent 7,000 troops to forcibly remove the Cherokee. US troops dragged men, women and children from their homes without question. More than 4,000 men, women, and children died from the harsh weather, disease, and lack of food during the six month journey. The Cherokee called it the "Trail Where They Cried." Today the terrible event in US history is known as, The Trail of Tears.