, photographed before his death in 1866 By 1838, about 2,000 Cherokee had voluntarily relocated from Georgia to
Indian Territory (present day Oklahoma). Forcible removals began in May 1838 when General
Winfield Scott received a final order from President
Martin Van Buren to relocate the remaining Cherokees. Approximately 4,000 Cherokees died in the ensuing trek to Oklahoma. In the
Cherokee language, the event is called () or (). The Cherokee Trail of Tears resulted from the enforcement of the
Treaty of New Echota, an agreement signed under the provisions of the
Indian Removal Act of 1830, which exchanged Indian land in the East for lands west of the
Mississippi River, but which was never accepted by the elected tribal leadership or a majority of the Cherokee people. There were significant changes in gender relations within the Cherokee Nation during the implementation of the
Indian Removal Act during the 1830s. Cherokee historically operated on a
matrilineal kinship system, where children belonged to the clan of their mother and their only relatives were those who could be traced through her. In addition to being matrilineal, Cherokees were also matrilocal. According to the naturalist William Bartram, "Marriage gives no right to the husband over the property of his wife; and when they part, she keeps the children and property belonging to them." In this way, the typical Cherokee family was structured in a way where the wife held possession to the property, house, and children. However, during the 1820s and 1830s, "Cherokees [began adopting] the Anglo-American concept of power—a political system dominated by wealthy, highly acculturated men and supported by an ideology that made women ... subordinate". The Treaty of New Echota was largely signed by men. While women were present at the rump council negotiating the treaty, they did not have a seat at the table to participate in the proceedings. Historian Theda Perdue explains that "Cherokee women met in their own councils to discuss their own opinions" despite not being able to participate. The inability for women to join in on the negotiation and signing of the Treaty of New Echota shows how the role of women changed dramatically within Cherokee Nation following colonial encroachment. For instance, Cherokee women played a significant role in the negotiation of land transactions as late as 1785, where they spoke at a treaty conference held at Hopewell, South Carolina to clarify land cessions to the U.S. forced on the Cherokee due to their alliance with Britain during the
American Revolutionary War. The sparsely inhabited Cherokee lands were highly attractive to Georgian farmers experiencing population pressure, and illegal settlements resulted. Long-simmering tensions between Georgia and the Cherokee Nation were brought to a crisis by the discovery of gold near
Dahlonega, Georgia, in 1829, resulting in the
Georgia Gold Rush, the second
gold rush in U.S. history. Hopeful gold speculators began trespassing on Cherokee lands, and pressure mounted to fulfill the
Compact of 1802 in which the US Government promised to extinguish Indian land claims in the state of Georgia. When Georgia moved to extend state laws over Cherokee lands in 1830, the matter went to the
U.S. Supreme Court. In
Cherokee Nation v. Georgia (1831), the
Marshall court ruled that the
Cherokee Nation was not a sovereign and independent nation, and therefore refused to hear the case. However, in
Worcester v. Georgia (1832), the Court ruled that Georgia could not impose laws in Cherokee territory, since only the national government—not state governments—had authority in Indian affairs.
Worcester v Georgia is associated with Andrew Jackson's famous, though apocryphal, quote "John Marshall has made his decision; now let him enforce it!" In reality, this quote did not appear until 30 years after the incident and was first printed in a textbook authored by Jackson critic
Horace Greeley. The rest of the overland journey was subsequently conducted under the auspices of
Chief John Ross, with government funding. In the winter of 1838 the Cherokee began the march with scant clothing and most on foot without shoes or moccasins. The march began in
Red Clay, Tennessee, the location of the last Eastern capital of the Cherokee Nation. Because of the diseases, the Indians were not allowed to go into any towns or villages along the way; many times this meant traveling much farther to go around them. After crossing Tennessee and Kentucky, they arrived at the
Ohio River across from
Golconda in southern Illinois about the 3rd of December 1838. Here the starving Indians were charged a dollar a head (equal to $ today) to cross the river on "Berry's Ferry" which typically charged twelve cents, equal to $ today. They were not allowed passage until the ferry had serviced all others wishing to cross and were forced to take shelter under "Mantle Rock", a shelter bluff on the Kentucky side, until "Berry had nothing better to do". Many died huddled together at Mantle Rock waiting to cross. Several Cherokee were murdered by locals. The Cherokee filed a lawsuit against the U.S. Government through the courthouse in
Vienna, suing the government for $35 a head (equal to $ today) to bury the murdered Cherokee. A volunteer soldier from Georgia who participated in the removal recounted: I fought through the civil war and have seen men shot to pieces and slaughtered by thousands, but the Cherokee removal was the cruelest work I ever knew. It eventually took almost three months to cross the on land between the Ohio and Mississippi Rivers. The trek through southern Illinois is where the Cherokee suffered most of their deaths. However a few years before forced removal, some Cherokee who opted to leave their homes voluntarily chose a water-based route through the Tennessee, Ohio and Mississippi rivers. It took only 21 days, but the Cherokee who were forcibly relocated were wary of water travel. Environmental researchers David Gaines and Jere Krakow outline the "context of the tragic Cherokee relocation" as one predicated on the difference between "Indian regard for the land, and its contrast with the Euro-Americans view of land as property". This divergence in perspective on land, according to sociologists Gregory Hooks and Chad L. Smith, led to the homes of American Indian people "being donated and sold off" by the United States government to "promote the settlement and development of the West," with railroad developers, white settlers, land developers, and mining companies assuming ownership. In American Indian society, according to Colville scholar
Dina Gilio-Whitaker, it caused "the loss of ancient connections to homelands and sacred sites," "the deaths of upward of 25 percent of those on the trail" and "the loss of life-sustaining livestock and crops." Dina Gilio-Whitaker draws on research by Choctaw and Chippewa historian
Clara Sue Kidwell to show the relationship between the Trail of Tears and a negative impact on the environment. In tracking the environmental changes of the southeastern tribes who relocated to new lands across the Trail of Tears, Kidwell finds that "prior to removal the tribes had already begun adapting to a cash-based, private property economic system with their adoption of many European customs (including the practice of slave owning), after their move west they had become more deeply entrenched into the American economic system with the discovery of coal deposits and the western expansion of the railroads on and through their lands. So while they adapted to their new environments, their relationship to land would change to fit the needs of an imposed capitalist system". This cultural shift is characterized by Gilio-Whitaker as "environmental deprivation," a concept that "relates to historical processes of land and resource dispossession calculated to bring about the destruction of Indigenous Americans' lives and cultures. Environmental deprivation in this sense refers to actions by settlers and settler governments that are designed to block Native peoples' access to life-giving and culture-affirming resources". Indigenous cultural and intellectual contribution to "environmental issues" in the form of a "rich history, cultural customs, and practical wisdom regarding sustainable environmental practices" can be lost because of Indigenous removal and the Trail of Tears, according to Greene. Removed Cherokees initially settled near
Tahlequah, Oklahoma. When signing the
Treaty of New Echota in 1835 Major Ridge said "I have signed my death warrant." The resulting political turmoil led to the killings of
Major Ridge,
John Ridge, and
Elias Boudinot; of the leaders of the Treaty Party, only
Stand Watie escaped death. The population of the Cherokee Nation eventually rebounded, and today the Cherokees are the largest American Indian group in the United States. There were some exceptions to removal. Approximately 100 Cherokees evaded the U.S. soldiers and lived off the land in Georgia and other states. Those Cherokees who lived on private, individually owned lands (rather than communally owned tribal land) were not subject to removal. In North Carolina, about 400 Cherokees, sometimes referred to as the Oconaluftee Cherokee due to their settlement near to the
river of the same name, lived on land in the
Great Smoky Mountains owned by a white man named
William Holland Thomas (who had been adopted by Cherokees as a boy), and were thus not subject to removal. Added to this were some 200 Cherokee from the Nantahala area allowed to stay in the
Qualla Boundary after assisting the U.S. Army in hunting down and capturing the family of the old prophet,
Tsali, who was executed by a firing squad as were most of his family. These North Carolina Cherokees became the
Eastern Band of the Cherokee Nation. A local newspaper, the
Highland Messenger, said July 24, 1840, "that between nine hundred and a thousand of these deluded beings ... are still hovering about the homes of their fathers, in the counties of
Macon and
Cherokee" and "that they are a great annoyance to the citizens" who wanted to buy land there believing the Cherokee were gone; the newspaper reported that President Martin Van Buren said "they ... are, in his opinion, free to go or stay.' Several Cherokee speakers throughout history offered first-hand accounts of the events of the Trail of Tears as well as provided insight into its lasting effects.
Elias Budinot,
Major Ridge,
Speckled Snake,
John Ross, and Richard Taylor were all notable Cherokee orators during the 19th century who used the speech as a form of resistance against the U.S. government. John Ross, the Cherokee Chief from 1828 to 1866, and Major Ridge embarked on a speaking tour within the Cherokee Nation itself in hopes of strengthening a sense of unity amongst the tribal members. Tribal unity was a central tenet to Cherokee resistance, with Ross stating in his council address: "'Much...depends on our unity of sentiment and firmness of action, in maintaining those sacred rights which we have ever enjoyed'". The main focal points of Ridge's articles critiqued the perceived hypocrisy of the U.S. government, colonial history, and the events leading up to the Trail of Tears, using excerpts from American and European history and literature. ==Statistics==