ANTI-RACISM DAILY

May 27, 2024

Learn about the Indian Removal Act.

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On May 28, 1830, President Andrew Jackson enacted the Indian Removal Act, legislation that made it constitutional to remove Native tribes from east of the Mississippi River. This law marked a national policy that openly disregarded tribal sovereignty and Native rights. The act permitted the president to negotiate land exchanges to relocate tribes to less inhabited Western territories—regions already occupied by other tribes, underscoring the disregard for Native land rights.

The Indian Removal Act was presented as a negotiation tool for land exchanges and payments to tribes. However, the principal tribes of the Southeast came from a region spanning modern-day states from North Carolina to Mississippi. They were often referred to by white people as “the Five Civilized Tribes” because they had adopted cultural practices from white settlers. This community, consisting of the Chickasaw, Choctaw, Seminole, Cherokee, and Creek, is referred to in modern or corrected text as “the Five Tribes”. They were deeply rooted on their ancestral lands and opposed relocation.

President Jackson, often referred to as “the Indian Fighter,” had a notorious history with Native nations. During the Battle of Horseshoe Bend, roughly 1,000 Red Sticks – part of the Creek (Muscogee) tribe – were slaughtered under his command. This event precipitated the Treaty of Fort Jackson, forcing the Creek to cede 23 million acres of land just months later (NPS).

The U.S. Supreme Court affirmed tribal sovereignty in Worcester v. Georgia (1832). But President Jackson chose to not enforce this decision. This defiance facilitated the forced migration of about 46,000 Native people to designated Indian Territories, primarily in what is now Oklahoma.

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The Choctaw were among the first displaced, facing harsh conditions and numerous deaths during their forced march in the winter of 1831. The Creeks followed in 1836 and lost an estimated 3,500 people on the journey. The Chickasaw and Cherokee faced similar fates. Over 5,000 Cherokee died from the infamous Trail of Tears in 1838 after harsh containment and theft of their properties by local settlers (National Geographic).

Resistance was met with relentless oppression. The Seminoles started in the Second Seminole War against their removal, demonstrating fierce opposition to Jackson's and subsequent administrations' policies (FL).

The federal assurance that the Oklahoma Indian Territory would remain under Native governance perpetually was quickly broken. This act of betrayal was emblematic of the wider pattern of removals, such as the forced relocation of over 8,500 Navajo to the Bosque Redondo Reservation in 1864—where many perished due to harsh conditions—and the Ponca's tragic removal in 1877, where a third of the tribe died (Zinn Education Project).

These acts of displacement continued into the late 19th century, with the Northern Cheyenne's desperate attempt to return to their homeland in 1879 ending in significant loss of life upon recapture (History).

Similar patterns of disregard for Native rights continued into the Dakota War of 1862 against the Oceti Sakowin Dakota, leading to severe reprisals, including the largest mass execution in U.S. history and subsequent legal and economic marginalization.

These actions underscore a legacy of settler colonialism—a process aimed at erasing Native presence and acquiring their lands. Today, this legacy can be observed in policies and practices that continue to affect Native populations, such as environmental racism, the fight against land back initiatives, and voter suppression. These ongoing issues highlight the enduring struggle of Native nations against systemic injustice and their continued fight for sovereignty and recognition.

KEY TAKEAWAYS

• The Indian Removal Act in 1830 by President Andrew Jackson facilitated the forced migration and ethnic cleansing of Native American tribes from their ancestral lands, resulting in extensive suffering and death.

• Despite legal opposition, the U.S. government prioritized expansion over constitutional and human rights, leading to a legacy of betrayal and broken treaties with Native American nations.

• The historical patterns of forced displacement and marginalization of Native Americans set by the Indian Removal Act persist, and Native sovereignty is still a major contemporary issue.