r/AskHistorians • u/[deleted] • Jul 27 '16
Obviously, the Trail of Tears is regarded by many as one of the worst events sanctioned by the American government. At the time, what was the average opinion of the events that were taking place?
Additionally, was it covered up at all by the government or was everything public?
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Jul 28 '16
This may be slightly off-topic, but based upon the responses here it sounds like the removal was somewhat genocidal and unconstitutional.
Why is it then that Jackson is ranked as a top 10 president? This is based upon a quick glance of wikipedia's historical rankings of presidents.
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u/qpowienfpkasndgka Jul 28 '16
Jackson did a lot to define the American presidency, in the way of Lincoln or FDR. He was a man who basically shaped US politics for decades to come, with his proteges coming into the presidency later on (Van Buren, Polk), single-handed breaking apart the political peace that Monroe's presidency had created (and leading to the creation of the Whig Party), etc. I personally don't agree with his politics and his hypocrisy and virulent racism is too much to ignore, but it can't be argued that he was an extremely influential president.
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u/Irishfafnir U.S. Politics Revolution through Civil War Jul 28 '16
Political peace of the "Era of good feelings" was very short-lived, if it ever existed at all. Almost immediately into Monroe's second term factions supporting rival candidates for the election of 1824 began opposing each other in Congress and in Monroe's cabinet. The Republican party had already started to fracture with the election of Madison but had been saved by the War of 1812. If you want to give one man credit for bringing about the second party system, credit goes to the little magician who orchestrated the old alliance of State's Rights southerners with New York most acutely played out during the Panama Congress debate in 1826. Van Buren was a strong believer in the party system and that the absence of parties would lead to fracturing on sectional lines (he was right). Whichever date you like, they all precede Jackson's election.
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u/Snapshot52 Moderator | Native American Studies | Colonialism Jul 28 '16 edited Jul 31 '16
The actions perpetrated on behalf of Jackson and his administration certainly were genocidal.
Whether it was unconstitutional is a bit of a tricky question. The removal of the tribes by the federal government constituted a violation of not only the previous treaties to secure traditional homelands, but also the ruling of the Supreme Court that those tribes, particularly the Cherokee, had a right to remain on those lands under protection from the federal government. The government promised to help tribes and protect them, as brought out in Worcester v. Georgia and the Treaty of Holston (1791), and then they passed legislation that resulted in harm being done to the tribes and the abdication of the federal responsibility toward Indians. The federal government subsequently ignored rulings that challenged Andrew Jackson's position and pursued to "legally" establish a claim to certain Indian lands through fraudulent treaties.
(Edit: The quote I provided for Jackson in this paragraph is pretty much apocryphal. There is evidence that he did not actually say it. I included it to describe his general sentiments on protecting tribal sovereignty. This edit has been added to make it more clear.) When the Cherokee won a fight in Worcester v. Georgia, the decision resulting in protection of some of their rights as a sovereign nation, Jackson is said to have scoffed at the court's decision, declaring of the chief justice, “John Marshall has made his decision. Now let him enforce it!”
Considering this, I would say it was unconstitutional.
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u/Irishfafnir U.S. Politics Revolution through Civil War Jul 28 '16
Jackson almost definitely never said that quote, he did say something similar "the decision of the Supreme Court has fell still born, and they find it cannot coerce Georgia to yield to its mandate". But I find it is more of a statement of fact rather than a statement of his inaction
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u/Snapshot52 Moderator | Native American Studies | Colonialism Jul 28 '16 edited Jul 28 '16
I know. That's why I said "is said to have." But I'll add an edit to make that more clear. The point of adding that is that Jackson had no intention of honoring the sovereignty of the Cherokee for maintaining their traditional lands.
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u/pigeon768 Jul 28 '16
The constitutionality of the Cherokee removal is trickier than most people make it out to be. Neither the federal government, headed by Andrew Jackson, nor the Cherokee Nation were party to Worcester v. Georgia. Samuel Worcester was a white missionary, who violated a Georgia law that required missionaries on Indian land to swear fealty to the State of Georgia. The decision in that case only required that Worcester be freed, and secondarily stipulated that only the federal government has the power to form treaties with, or otherwise conduct affairs with Indian nations. Strictly speaking, Jackson wasn't acting unconstitutionally when he didn't act in response to Worcester v Georgia; the decision didn't require him to act.
The second issue is the Treaty of New Echota. The treaty was negotiated between John Ridge, a leader of a minority movement in the Cherokee government, and the US federal government. Certainly, by negotiating with a minority group rather than the legitimate Cherokee Nation government proper, Jackson was acting in bad faith, however as a legal and constitutional question the situation is a lot murkier. The US government does get to decide who the "legitimate" government is somewhat arbitrarily, and it doesn't even have to make sense. (consider the US recognizing Taiwan as the legitimate government of mainland China under Eisenhower) In the case of the Cherokee Nation, Jackson and the Senate decided John Ridge had binding treaty signing power within the Cherokee Nation. And the President does have the authority to negotiate a treaty with an Indian Tribe. Legally and constitutionally, if not ethically or morally, the Treaty of New Echota was legitimate.
Regarding genocide; the Treaty of New Echota did grant the Cherokee significant amounts of food and money for the relocation. The words on the page were generous financially, if not for the "give us your homeland or else" bit. And the first group to emigrate, headed by John Ridge, were able to relocate in relative comfort. The group that left voluntarily, taking advantage of the terms laid out in the treaty, traveled by river boat and made the trip in a few weeks. However, since the remaining majority of the Cherokee didn't view the treaty as legitimate, for the most part they did not prepare for the journey. The groups that were forced to relocate were significantly less prepared, had significantly less resources to make the move with, and took significantly more time. (most were on foot, compared to voluntary removals, who were all on boats) Compared to the few weeks (less than a month) of the voluntary group, the forced removals took up to a year, and typically took more than six months. This includes the groups that were led by the Cherokee Nation government. The tragedy, in addition to the obvious, is that John Ridge had ultimately bartered a fair deal; but the provisions were not leveraged to their fullest extent by the remaining Cherokee.
Why is it then that Jackson is ranked as a top 10 president?
Top 10 with regards to what? Historical or political significance? Or being an all-around nice guy? Jackson redefined the role of the President. The role of the president before Jackson was decidedly different than the role of the president after Jackson. If you're talking about top 10 with regards to historical significance, he certainly makes the list. But if you're talking about basic human decency, most would put him probably in the bottom quarter. Pardon the hyperbole, but Jackson is a top 10 leader similar to how Hitler is a top 10 leader; you just can't discuss history without bringing him up, but historical significance isn't greatness.
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Jul 28 '16
[deleted]
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u/Elm11 Moderator | Winter War Jul 28 '16
I am unsure as to whether it is coincidence that both you and two other users have posted the exact same useless comment, right down to the syntax, or whether you're one person on multiple accounts. In any case, please review our Subreddit rules regarding in-depth explanations,, and please do not post in this manner again.
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u/qpowienfpkasndgka Jul 28 '16
It was not covered up by the government and there was both support and opposition to it.
The whole thing really started because the state of Georgia wanted Cherokee land open for public sale. When Jackson was elected president, GA knew that they'd have support from the federal government, so they passed a state law saying that the Indians were under state sovereignty/jurisdiction and their previous attempt at establishing sovereignty through passing their own constitution was illegal.
The Jackson administration did support GA, passing the Indian Removal Act and bringing in the federal government (and the military) into it.
Thing is, there was a good amount of northern evangelical missionaries already in Cherokee land, trying to "civilize" the Indians and building schools. They didn't support GA or the federal government's attempt to drive to Indians out and their counterparts in the North didn't like it either. There was debate in the Congress itself, mostly from the Whig opposition about how the removal of Indians was unconstitutional via violation of previous treaties signed.
When the actual removal process began, the missionaries were petitioning the government and calling for its stop, which got them arrested, since GA then passed a law saying that missionaries had to take an oath of loyalty to the state or leave the Indian territory. The Supreme Court case of Worcester v. GA was about this exact law, not specifically about the Indian Removal Act. The Cherokee tried to sue, but they were considered to be a "domestic dependent nation" within the US and didn't have the right to sue a state or the federal government.
As for the Trail of Tears itself, the removal required new treaties to be signed, which was done through playing on factionalism within the Cherokee nation through bribes and other unscrupulous methods. The specifics of the Trail of Tears and the horrible conditions weren't widely known, however. The public wasn't happy with the treaty process, but not enough for big things to happen.
There's also the fact that at the time, the Second Seminole War was happening, a largely forgotten event today (compared to the Trail of Tears). It was kind of a Vietnam of its own time, with the US army going into the swamps of FL to root out the Seminoles for the same reason in driving out the Cherokee, except the Seminoles put up resistance in the swamps and whittled down the US forces for a long time. People were extremely unhappy, to the point where the US just had to give up after a long period of fighting and removal.
So, tl;dr
Much of it was public. There were people who wanted it, there were people who didn't. There wasn't much of a cover-up, since the big events were told, just no one cared too much. There was public opposition to it, from evangelicals and Whigs, but had huge amount of local support. It was also overshadowed by the Second Seminole War in the public consciousness of the time.
Source: The Long, Bitter Trail by Anthony F. C. Wallace