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Cherokee Nation v. Georgia

The "trail Of Tears"



Of the many injustices visited by the United States on Indian tribes, the removal of the Cherokee nation from their Georgia homeland to Oklahoma in the winter of 1838-39 was one of the most inexcusable. Over the course of their journey, on a route called the "Trail of Tears," one-quarter of the Cherokee people died.



The Cherokee had been almost unique among Indians in their establishment of a European-style government. Hoping in vain to preserve their lands in northwest Georgia against the spread of white settlement, in the early 1800s they adopted many of the features that they hoped would qualify them as "civilized" in the eyes of the federal government. Not only did they become the only Native American group with a written language, thanks to the efforts of the linguist Sequoyah, they also established a parliamentary and constitutional form of government with a capital at New Echota. In addition, they took up cattle-raising and farming, a departure from the traditional Native American hunter-gatherer economy.

But these efforts proved futile. In 1828, Georgia declared void all Cherokee laws, and claimed their lands for the state.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1637 to 1832Cherokee Nation v. Georgia - Significance, The "trail Of Tears", Further Readings