Indian Removal. TAHPDX: Teaching American History Project Beth Cookler Veronica Dolby Gabor Muskat Ilana Rembelinsky Mario Sanchez

Transcription

1 Indian Removal TAHPDX: Teaching American History Project 2009 Beth Cookler Veronica Dolby Gabor Muskat Ilana Rembelinsky Mario Sanchez

2 Table of Contents Introduction to Indian Removal Guide Page 3 Essential Question Guide Rationale Learning Goals Historical Background Narrative Page 4 Sources & Bibliography Indian Removal Map Analysis Activity Page 9 Document-Based Question Activity DBQ Middle and Sheltered High School Page 12 DBQ High School Page 22 DBQ Documents Rationale Page 33 Drama: Shall We Leave Our Land? Page 35 Other Classroom Activities Page 42 Annotated Bibliography Page 44 2

3 Introduction to Indian Removal Guide Essential Question How do the Louisiana Purchase and the subsequent Indian Removal Act and displacement of the Cherokee reflect conflicting opinions and changing federal Indian policy? Rationale The purpose of this unit is to illustrate both the Native American perspective and the dominant culture s perspective on the Louisiana Purchase and the subsequent displacement of Native Americans. During this unit students will investigate and evaluate the political, social and economic impacts of political decisions on Native Americans. Students will gain a deeper understanding of the various concepts of land ownership. Learning Goals Students will be able to: Understand the scope and extent of Native American displacement. Evaluate the impact of the Louisiana Purchase on the Cherokee. Increase their ability to understand various perspectives in looking at history. Heighten their awareness about the complicated interactions between Native Americans and the dominant culture. Examine how politicians weigh what is just and ideal vs what is practical or achievable. 3

4 Indian Removal Background Narrative The background narrative is designed to provide the teacher with information that will assist in presenting this subject matter in the classroom. The annotated bibliography provides further resources. 4

5 Historical Background Narrative The European settlers of North America and, later, the United States Government developed changing and conflicting opinions and policies towards Native Americans. Similarly, Native Americans developed diverse reactions to those policies as well. Below is brief summary of how policy toward the Native Americans changed, beginning with the Northwest Ordinance of 1787 and ending with the Cherokee removal from Georgia and the Trail of Tears. The Northwest Ordinance of 1787 Native Americans occupied the North American continent long before the arrival of Europeans. The population of European immigrants in North America grew rapidly and eventually developed an insatiable desire for land stretching from the Atlantic to Pacific Oceans. From the very first series of contacts with the Native Americans, the new Euro-Americans believed that they had discovered the continent and were thus entitled to its land. This belief in the private ownership of land resulted in a numerous encounters between the Native Americans and the new Americans, oftentimes adverse to Native Americans. As the young United States continued to expand its boundaries westward to the Pacific Ocean, the new Americans met with Indian nations that had historically occupied the land. The newcomers needed land for settlement, and they aggressively sought it by sale, treaty or by force of arms. In 1787, in the pursuit of western lands, the United States Congress under the Articles of Confederation approved the Northwest Ordinance. The Ordinance set up a government for the Northwest Territory (see map) and provided for the vast region to be divided into separate territories that could petition to become states when the territory reached a population of 60,000 [white] settlers. The Northwest Ordinance accelerated the westward expansion of the United States into lands occupied by Native Americans. Because of this, the Ordinance had a specific clause that addressed the problem. It stated that the utmost good faith shall always be observed towards the Indians; their land and property shall never be taken without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed. Despite the intentions of the Northwest Ordinance to respect Native lands, white settlers and land speculators poured into the Northwest Territory, squatting on Indian lands by the thousands. This resulted in numerous conflicts between Indians and settlers and wars between Indian nations and the U.S. government. Despite the explicit language of the Northwest Ordinance to honor and protect the Native American s claims to their lands, the United States government most often favored white settlers and promoted westward expansion. 5

6 The Louisiana Purchase and Indian Removal Between 1790 and 1830, tribes east of the Mississippi River, including the Cherokees, signed many treaties with the United States government. Although the treaties ostensibly were entered into in good faith, the United States government struggled to find a balance between the obligation of the new nation to uphold its treaty commitments and the desires of its new citizens for more and more land. Any good faith of the United States government was quickly abandoned when faced with the growing pressure to adopt policies favoring westward expansion. In 1803, President Thomas Jefferson believed that the Louisiana Territory purchase would solve the problem of Indian and white relations. The Louisiana Purchase added almost one million sparsely populated square miles west of the Mississippi River to the United States (see map). At the time of the purchase, Jefferson believed that the Indians would willingly sell their lands east of the Mississippi and agree to relocate to the vast lands west of the river and live in peace without interference from the whites. Also, Jefferson believed that white settlements would not encroach upon the lands west of the Mississippi for at least fifty years. He was wrong on both counts. First, the Native Americans were fundamentally tied to their lands. Most of the efforts at voluntary relocations that involved land swaps were untenable to the Indians, who wanted to remain on their traditional lands. Second, Jefferson grossly underestimated the rate of western expansion and the insatiable desire for land by white settlers. Jefferson was correct, however, that the lands west of the Mississippi would provide necessary land for the relocation of the Native Americans living east of the Mississippi, but only temporarily. Contrary to Jefferson s belief that the Louisiana Purchase would alleviate the Indian problem, the purchase instead accelerated pressure to remove Indians to the newly available lands. The Cherokee Example Under Article VI of the Louisiana Purchase treaty, the United States had agreed to honor existing treaties with Native Americans "until, by mutual consent of the United States and the said tribes or nations, other suitable articles shall have been agreed upon." Proponents of Indian removal to west of the Mississippi River seized upon the "other suitable articles" language in the Louisiana Purchase to make their case for removing Native American tribes from their ancestral homelands. Specifically, the treatment of the Cherokees living in Georgia exemplifies how the Louisiana Purchase impacted Indian nations living east of the Mississippi. 6

7 Beginning in 1791, a series of treaties between the Cherokee nation and the United States federal government gave recognition to the Cherokee as a nation with its own laws and lands. Nevertheless, a growing nation, a growing white population and issues of states rights complicated the continuing policy of recognizing Indian nations, and the Cherokees, in particular. In 1802, Georgia ceded all of its western lands to the federal government with the expectation that all titles to land in Georgia held by the Cherokee would be extinguished by the federal government. That did not happen. In 1828, Georgia passed a law pronouncing all laws of the Cherokee Nation to be null and void. In 1829, gold was discovered in Georgia on Cherokee land, which intensified Georgia s efforts to gain ownership of these lands. Finally, in 1830, the United States Congress passed the Indian Removal Act. After heated debate, the Act passed by one vote in the U.S. Senate. Passage of the Indian Removal Act eventually led to the forcible removal of the Cherokee from Georgia to Indian Territory, located in present day Oklahoma. By 1835, the Cherokee were politically divided and despondent. Most Cherokees supported Principal Chief John Ross, who fought the encroachment of whites starting with the 1832 land lottery. However, a minority (fewer than 500 out of 17,000 Cherokee in North Georgia) followed Major Ridge, his son John, and Elias Boudinot, who advocated removal. The Treaty of New Echota, signed by Major Ridge and members of the Treaty Party in 1835, gave President Andrew Jackson the legal document he needed to remove the Cherokees despite protest by Chief Ross. Ratification of the treaty by the United States Senate sealed the fate of the Cherokee Nation. Among those who spoke out against the ratification were Daniel Webster and Henry Clay, but it nonetheless passed by a single vote. In 1838 the United States began the forced removal of Cherokee, fulfilling a promise the government had made to the State of Georgia in Ordered to remove the Cherokee, General John Wool resigned his command in protest, delaying the action only slightly. His replacement, General Winfield Scott, arrived at New Echota on May 17, 1838 with 7,000 heavily armed forces. The forced migration of the Cherokee to Indian Territory is known as the Trail of Tears. Background Narrative Bibliography: Many of the sources and materials used for this background narrative come from TAHPDX: Great Decisions in American History, A Teaching American History Project in partnership with the Institute of Portland Metropolitan Studies at Portland State University and the Portland, Beaverton, Hillsboro and Forest Grove School Districts, funded by the US Department of Education. This site provides an excellent overview of the Louisiana Purchase and its impact on Native Americans living east of the Mississippi River. Available at The following websites were also essential in composing the background narrative: 1. See for a brief description of the Northwest Ordinance anapurchase.htm This site from the National Park Service provides a brief, but detailed, history of the Louisiana Purchase. 7

8 3. See for an article on the history of Indian removal, generally This site provides an excellent history of the Cherokee and served as a principal source for the Historical Background Narrative This cite provides a concise history of the roundup of the Cherokee in Georgia from the native perspective. 6. Beyond Worcester: The Alabama Supreme Court and the Sovereignty of the Creek Nation, Tim Alan Garrison. Journal of the Early Republic, Vol. 19, No. 3 (Autumn, 1999), pp ; Published by: University of Pennsylvania Press on behalf of the Society for Historians of the Early American Republic. This article gives a detailed account of the Supreme Court cases authored by Justice Marshall granting the Cherokee independent sovereign nation status. The article details the pressure on Georgia politicians and courts to remove the Cherokee from Georgia as the white population of Georgia grew and after gold was discovered. 7. The following site gives a concise account of the internal conflict within the Cherokee on the issue of removal which was whether to go peacefully or whether to resist relocation forcefully ( From the site: The Cherokee, on the other hand, were tricked with an illegitimate treaty. In 1833, a small faction agreed to sign a removal agreement: the Treaty of New Echota. The leaders of this group were not the recognized leaders of the Cherokee nation, and over 15,000 Cherokees -- led by Chief John Ross -- signed a petition in protest. The Supreme Court ignored their demands and ratified the treaty in The Cherokee were given two years to migrate voluntarily, at the end of which time they would be forcibly removed. By 1838 only 2,000 had migrated; 16,000 remained on their land. The U.S. government sent in 7,000 troops, who forced the Cherokees into stockades at bayonet point. They were not allowed time to gather their belongings, and as they left, whites looted their homes. Then began the march known as the Trail of Tears, in which 4,000 Cherokee people died of cold, hunger, and disease on their way to the western lands. 8. How the Indians Lost their Land: Law and Power on the Frontier. Cambridge, MA: Harvard University Press, The United States government shaped the legal framework under which the European settlers could dispossess the Native Americans of land making it easy to acquire land claimed by Native Americans. 9. The Louisiana Purchase: Jefferson's Noble Bargain? (Monticello Monograph Series, distributed for the Thomas Jefferson Foundation) and Levinson, Sanford and Bartholomew Sparrow, ed., The Louisiana Purchase and American Expansion, Lanham, MD: Rowman and Littlefield, For a discussion of the Cherokee Indian cases before the United States Supreme Court in the 1830s on the issue of Indian sovereign nation status see 8

9 Indian Removal Map Analysis Activity 9

10 Indian Removal Mapping Activity The Indian Removal Google Earth project organizes data folders and layers that show Native American cultural groups, the various Trails of Tears and population expansion westward. Review basic geographic concepts: Absolute and Relative Location Latitude/Longitude Direction & Distance Cardinal Directions (North, South, East, West) Push/Pull Factors To complete this activity, secure a computer lab and confirm that it has Google Earth loaded. Have students run through a quick Google Earth tutorial to get familiar with the program and how to navigate the map layers. A short tutorial can be found on the TAHPDX <Curricula> webpage at (linked at the top of the page. The Indian Removal Google Earth project can be opened (double-click) directly from the TAHPDX <Curricula> webpage. It will be included with the Indian Removal Guide (listed alphabetically on this page) Mapping Activity Focus Question: Predict the factors contributing to the decision to remove American Indian tribes from their native lands. Instructions: Your group has been assigned an American Indian tribe to learn about. For your tribe, you are going to follow the journey through early United States history, examining the interaction between your tribe and the American government. Tribes: Cherokee, Creek, Choctaw, Chickasaw Launch the Indian Removal Google Earth Project; use the following layers to answer the questions below in a notebook: Pre-Settlement Indian Languages Map Trail of Tears Map Current Geography: Rivers Land assigned to Emigrant Indians 1836 In Time and Place web link from the Cherokee Census data 1800 Population per county 1830 Population per county Ruler tool and thumbtack to measure distance 10

11 1. Find your tribe s location on the Pre-Settlement Indian Languages map. From the center point of that location, what is the latitude and longitude of your tribe s piece of land? 2. Evaluate the geographical features of that location. What natural resources might your tribe have benefited from? 3. Now look at the Trail of Tears map and the Land Assigned to Emigrant Indians map. Where did your tribe move to? What is the latitude and longitude of the new location? 4. Using the ruler tool, measure the distance of your tribe s journey. How far did they have to travel to their new location? (If there is more than one route, choose one.) 5. Evaluate the geographical features of the route. What obstacles may your tribe have encountered on their journey? Be specific. 6. Which tribe(s) already lived in that location? Predict whether your tribe may have lived in peace with other tribes or whether conflict may have arisen. 7. Evaluate the geographical features of the new location. What natural resources might your tribe have benefited from in the new place? 8. Examine the census data from the Population per County maps from 1800 and a. What changes do you notice? b. How might changes in population affect the decision of the United States government to remove your tribe from its native land? 9. What other factors may have motivated the United States government to decide that the removal of your tribe was necessary and important for the United States? 10. From the perspective of your tribe, how might you have felt if the US government forced you to leave your native land and travel to a new location? 11

12 Indian Removal Document-Based Question Activity Middle and Sheltered High School 12

13 DBQ Hook Activity Question: What is the relationship between the arrival of the European settlers and the territorial claims of indigenous populations over time? This activity is a simulation of how territory changed ownership over time between the European settlers and the Native Americans. Start with the whole class sitting comfortably at their seats. Announce that all students are members of a Native American tribe and this is their ancestral homeland. For each round, use a random method of selecting 2-3 students (depending on size of class) who will switch roles. Suggested methods of selection: birthday closest to date, first letter of first name closest to the beginning of the alphabet, clothing specification, etc. Round 1 Announce that the two students selected randomly (see above) encountered settlers on their land and they were shot. They die and their new role is to be European Settlers. Give settlers one quarter of the room to occupy and then have the remaining students (Native Americans) move to the remaining part of the room. Round 2 Announce that the two students selected randomly (see above) got the measles from contact with European settlers and died. Their new role is to be European Settlers. Give settlers one half of the room to occupy and then have the remaining students (Native Americans) move to the remaining part of the room. Round 3 Announce that the two students selected randomly (see above) died of starvation due to loss of hunting and agricultural lands. Their new role is to be European Settlers. Give settlers three quarters of the room to occupy and then have the remaining students (Native Americans) move to the remaining part of the room. Round 4 Announce that for their own protection from the settlers the Native Americans have been given new territory that they need to move to immediately. The settlers must escort them to their new territory. (Teacher brings students to a previously arranged location on the school grounds. If possible arrange to move students to an occupied classroom, foreign language class would be best if possible where students don t understand the language being spoken.) Debrief Return to class when ready. Start with a 5 minute quick write about the experience and have students write down 1 question. Discuss main lesson question and student questions as a class. 13

14 DBQ Question: Did the Trail of Tears represent change in federal policy towards Native Americans, as demonstrated through its dealings with the Cherokee people? Background Information (for student) In 1787, the United States Congress approved the Northwest Ordinance. This Ordinance accelerated the westward expansion of the United States into lands already occupied by Native Americans. Because of this, the Ordinance had a specific clause that addressed the problem. It stated that the utmost good faith shall always be observed towards the Indians; their land and property shall never be taken without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed. Despite the intentions of the Northwest Ordinance to respect native lands, white settlers and land speculators poured westward, squatting on Indian lands by the thousands. This resulted in numerous conflicts between Indians and settlers and wars between Indian nations and the U.S. government. Despite the explicit language of the Northwest Ordinance to honor and protect the Native American s claims to their lands, the United States government most often favored white settlers and promoted westward expansion. The United States Constitution also has a clause that addresses how the government should deal with Indian nations. Article I, Section 8, Clause 3 states The Congress shall have power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes The Commerce Clause represents one of the most fundamental powers delegated to the Congress by the founders, a definition of the balance of power between the federal government, the states, and the Indian nations. In 1828, Georgia claimed the right to make laws for the Cherokee Nation. The Cherokee went to the Federal Courts to defend their right to make their own laws and maintain their property rights as an independent nation within the United States. Their case reached the United States Supreme Court. In Worcester v. Georgia (1832), Chief Justice John Marshall, writing the majority opinion for the Court, declared Georgia s action unconstitutional. The opinion recognized the Cherokee s status as a sovereign nation, meaning that the Cherokee had absolute authority over its territory. However, President Andrew Jackson refused to recognize the Court s authority and failed to enforce the Court s decision. Instead, Jackson sided with Georgia and said that the federal government would not interfere with a state s right to pass laws relating to issues within its borders. As a result, the Federal Government would not intervene and stop Georgia from extending its authority over Cherokee lands, thus opening up the Cherokee lands to white settlers. As the population of whites grew in Georgia, more and more began to settle in western Georgia, the area of Georgia where the Cherokee lived. Though treaties between the Cherokee and the Federal Government guaranteed these lands to the Cherokee, the encroachment of white settlers sparked conflicts with the Cherokee, who were aggressively defending their territory. The growing conflict was exacerbated by the discovery of gold on Cherokee lands. 14

15 In 1830, at the urging of President Jackson, Congress passed the Indian Removal Act. The Act authorized the Federal government to pay Native Americans to move west of the Mississippi River. The exercise of this federal power had more far reaching consequences however. In 1835, the Federal Government forced the Cherokee to agree to a disputed Treaty of New Echota, in which the Cherokee agreed to give up all of their ancestral lands in Georgia. In 1838, an army of 7,000 federal troops came to remove the Cherokee from their lands and lead them west. Under threat of force, the Cherokee agreed to leave, knowing that resistance would ultimately lead to their destruction. More than 15,000 Cherokee began their long and sorrowful march to the west, traveling hundreds of miles over a period of several months. They had little food or shelter. The Cherokee people call this journey the "Trail Where We Cried (also known as the Trail of Tears ) because of its devastating effects. The Cherokee faced hunger, disease, and exhaustion on the forced march. Over 4,000 Cherokees died on the journey, mostly children and the elderly. National Park Service, Trail of Tears. 15

16 DBQ Question: Did the Trail of Tears represent change in federal policy towards Native Americans, as demonstrated through its dealings with the Cherokee people? DBQ Documents Note: A rationale for inclusion of the documents is included at the end of the DBQ activity. The sources of the documents can be found in the Annotated Bibliography. Teachers can use their discretion as to which documents they feel would be most appropriate for the students they will be teaching. Document 1: Treaty at Hopewell, Excerpts from Treaty at Hopewell with the Cherokee Nation, November 28, 1785 Background: On November 28, 1785, the Treaty of Hopewell was signed between the U.S. representative Benjamin Hawkins and the Cherokee Indians at the plantation of Andrew Pickens on the Seneca River in northwestern South Carolina. The treaty laid out a western boundary where white settlement would not be allowed to expand. ARTICLE V. If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands westward or southward of the said boundary which are hereby allotted to the Indians for their hunting grounds, or having already settled and will not remove from the same with six months after the ratification of this treaty, such person shall forfeit the protection of the United States, and the Indians may punish him or not as they please ARTICLE XII. That the Indians may have full confidence in the justice of the United States, respecting their interests, they shall have the right to send a deputy of their choice, whenever they think fit, to Congress. Questions: 1. Who are the parties to the Treaty and when was it passed? 2. How does this Treaty protect Indian Lands? 3. What rights do the Cherokee have if the terms of the Treaty are violated? 16

17 Document 2: Cherokee Land Maps ( ) Teacher Note: Print this in color so the boundary lines are clear. Red boundary line indicates Cherokee land. Cherokee Land Maps-Original Claims, 1791, and Before Indian Removal 1838 Guiding Questions: 1. Use an atlas and identify which present day states the Cherokee lands were located in for the various time periods. 2. What is happening to the Cherokee land over time? 3. Based on the boundaries of the Cherokee lands in 1838, why might Georgia be the state most active in pursuing Indian removal? 17

18 Document 3: Indian Removal Act of 1830 Indian Removal Act of 1830 (excerpts) An Act to provide for an exchange of lands with the Indians residing in any of the states of territories, and for their removal west of the river Mississippi. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall and may be lawful for the President of the United States to cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any state of organized territory, and to which the Indian title has been extinguished, as he may judge necessary, to be divided into a suitable number of districts, for the reception of such tribes of nations of Indians as may choose to exchange the lands where they now reside, and remove there; and to cause each of said districts to be so described by natural or artificial marks, as to be easily distinguished from every other. Guiding Questions: 1. What kind of connections can you make between the Louisiana Purchase and Indian Removal to lands west of the Mississippi River? 2. What is the Act s expectation of Native American tribes living east of the Mississippi River? 3. Hypothesize what the impact of Indian Removal would be on tribes west of the Mississippi River. 18

19 Document 4: Great Heroes of Real Estate Guiding Questions: 1. Whose picture is on this Twenty Dollar Bill? 2. How does this image connect the person with the Indian Removal Act? 3. What do you think is the significance of the stamp: "Great Heroes of Real Estate"? Who do you think it refers to? 4. Do you think this artist would have supported the Cherokee s rights to keep their land, or Jackson s Indian Removal Policy? Explain why. 19

20 Document 5: Cherokee Trail of Tears Timeline The Cherokee Trail of Tears Timeline February March April May June July August September October November December ,665 people of the Cherokee Nation approach Congress protesting the Treaty of New Echola. Outraged American citizens throughout the country approach Congress on behalf of the Cherokee. Congress tables statements protesting Cherokee removal. Federal troops ordered to prepare for roundup. Cherokee roundup begins May 23, Southeast suffers worst drought in recorded history. Tsali (a Cherokee) escapes roundup and returns to North Carolina. First group of Cherokees driven west under Federal guard. Further removal aborted because of drought and "sickly season." Over 13,000 Cherokees imprisoned in military stockades await break in drought. Approximately 1500 die in confinement. In Aquohee stockade, Cherokee chiefs meet in council, reaffirming the sovereignty of the Cherokee Nation. John Ross becomes superintendent of the removal. Drought breaks. Cherokee prepare to embark on forced march to Indian Territory in present-day Oklahoma. Ross wins additional funds for food and clothing. For most Cherokee, the "Trail of Tears" begins. Thirteen contingents of Cherokees cross Tennessee, Kentucky and Illinois. First groups reach the Mississippi River, where their crossing is held up by river ice flows. Contingent led by Chief Jesse Bushyhead camps near present day Trail of Tears Park. John Ross leaves Cherokee homeland with last group, carrying the records and laws of the Cherokee Nation Cherokees trapped east of the Mississippi by harsh winter, many die. Guiding Questions: 1. What evidence is there about the Cherokee response to the removal? 2. What evidence is there about the response of the American public to the removal? 3. How did the weather impact the move west? 4. What does the timeline tell you about the conditions faced by the Cherokee along the Trail of Tears? 20

21 Document 6: The Trail of Tears The Trail of Tears (author unknown) We walked that trail, tears in our eyes, dragging our feet in weariness. How could we have believed all their lies? Leaving nothing but blood, they slaughtered our mothers and daughters, and after all was gone, they claimed this land was their Father s. The Trail of Tears. We believed their evil smiles, and believed that they would save us, and now we know the truth, nothing can save the lost. They took our spirit, and fulfilled our every fear, killed our hope, and now we walk. Guiding Questions: 1. What does the author think about the promises of the U.S. government? 2. How does this poem contradict the speech by Jackson about the benefits of relocation for Indians? 21

22 Indian Removal Document-Based Question Activity High School 22

23 DBQ Hook Activity Question: What is the relationship between the arrival of the European settlers and the territorial claims of indigenous populations over time? This activity is a simulation of how territory changed ownership over time between the European settlers and the Native Americans. Start with the whole class sitting comfortably at their seats. Announce that all students are members of a Native American tribe and this is their ancestral homeland. For each round, use a random method of selecting 2-3 students (depending on size of class) who will switch roles. Suggested methods of selection: birthday closest to date, first letter of first name closest to the beginning of the alphabet, clothing specification, etc. Round 1 Announce that the two students selected randomly (see above) encountered settlers on their land and they were shot. They die and their new role is to be European Settlers. Give settlers one quarter of the room to occupy and then have the remaining students (Native Americans) move to the remaining part of the room. Round 2 Announce that the two students selected randomly (see above) got the measles from contact with European settlers and died. Their new role is to be European Settlers. Give settlers one half of the room to occupy and then have the remaining students (Native Americans) move to the remaining part of the room. Round 3 Announce that the two students selected randomly (see above) died of starvation due to loss of hunting and agricultural lands. Their new role is to be European Settlers. Give settlers three quarters of the room to occupy and then have the remaining students (Native Americans) move to the remaining part of the room. Round 4 Announce that for their own protection from the settlers the Native Americans have been given new territory that they need to move to immediately. The settlers must escort them to their new territory. (Teacher brings students to a previously arranged location on the school grounds. If possible arrange to move students to an occupied classroom, foreign language class would be best if possible where students don t understand the language being spoken.) Debrief Return to class when ready. Start with a 5 minute quick write about the experience and have students write down 1 question. Discuss main lesson question and student questions as a class. 23

24 DBQ Question: Did the Trail of Tears represent change in federal policy towards Native Americans, as demonstrated through its dealings with the Cherokee people? Background Information (for student) In 1787, the United States Congress approved the Northwest Ordinance. This Ordinance accelerated the westward expansion of the United States into lands already occupied by Native Americans. Because of this, the Ordinance had a specific clause that addressed the problem. It stated that the utmost good faith shall always be observed towards the Indians; their land and property shall never be taken without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed. Despite the intentions of the Northwest Ordinance to respect native lands, white settlers and land speculators poured westward, squatting on Indian lands by the thousands. This resulted in numerous conflicts between Indians and settlers and wars between Indian nations and the U.S. government. Despite the explicit language of the Northwest Ordinance to honor and protect the Native American s claims to their lands, the United States government most often favored white settlers and promoted westward expansion. The United States Constitution also has a clause that addresses how the government should deal with Indian nations. Article I, Section 8, Clause 3 states The Congress shall have power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes The Commerce Clause represents one of the most fundamental powers delegated to the Congress by the founders, a definition of the balance of power between the federal government, the states, and the Indian nations. In 1828, Georgia claimed the right to make laws for the Cherokee Nation. The Cherokee went to the Federal Courts to defend their right to make their own laws and maintain their property rights as an independent nation within the United States. Their case reached the United States Supreme Court. In Worcester v. Georgia (1832), Chief Justice John Marshall, writing the majority opinion for the Court, declared Georgia s action unconstitutional. The opinion recognized the Cherokee s status as a sovereign nation, meaning that the Cherokee had absolute authority over its territory. However, President Andrew Jackson refused to recognize the Court s authority and failed to enforce the Court s decision. Instead, Jackson sided with Georgia and said that the federal government would not interfere with a state s right to pass laws relating to issues within its borders. As a result, the Federal Government would not intervene and stop Georgia from extending its authority over Cherokee lands, thus opening up the Cherokee lands to white settlers. As the population of whites grew in Georgia, more and more began to settle in western Georgia, the area of Georgia where the Cherokee lived. Though treaties between the Cherokee and the Federal Government guaranteed these lands to the Cherokee, the encroachment of white settlers sparked conflicts with the Cherokee, who were aggressively defending their territory. The growing conflict was exacerbated by the discovery of gold on Cherokee lands. 24

25 In 1830, at the urging of President Jackson, Congress passed the Indian Removal Act. The Act authorized the Federal government to pay Native Americans to move west of the Mississippi River. The exercise of this federal power had more far reaching consequences however. In 1835, the Federal Government forced the Cherokee to agree to a disputed Treaty of New Echota, in which the Cherokee agreed to give up all of their ancestral lands in Georgia. In 1838, an army of 7,000 federal troops came to remove the Cherokee from their lands and lead them west. Under threat of force, the Cherokee agreed to leave, knowing that resistance would ultimately lead to their destruction. More than 15,000 Cherokee began their long and sorrowful march to the west, traveling hundreds of miles over a period of several months. They had little food or shelter. The Cherokee people call this journey the "Trail Where We Cried (also known as the Trail of Tears ) because of its devastating effects. The Cherokee faced hunger, disease, and exhaustion on the forced march. Over 4,000 Cherokees died on the journey, mostly children and the elderly. National Park Service, Trail of Tears. 25

26 DBQ Question: Did the Trail of Tears represent change in federal policy towards Native Americans, as demonstrated through its dealings with the Cherokee people? DBQ Documents Note: For each of the documents there is a rationale for their inclusion located at the end of the DBQ activity. The sources of the documents can be found in the Annotated Bibliography. Teachers can use their discretion as to which documents they feel would be most appropriate for the students they will be teaching. Document 1: Treaty at Hopewell, Excerpts from Treaty at Hopewell with the Cherokee Nation, November 28, 1785 Background: On November 28, 1785, the Treaty of Hopewell was signed between the U.S. representative Benjamin Hawkins and the Cherokee Indians at the plantation of Andrew Pickens on the Seneca River in northwestern South Carolina. The treaty laid out a western boundary where white settlement would not be allowed to expand. ARTICLE V. If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands westward or southward of the said boundary which are hereby allotted to the Indians for their hunting grounds, or having already settled and will not remove from the same with six months after the ratification of this treaty, such person shall forfeit the protection of the United States, and the Indians may punish him or not as they please ARTICLE XII. That the Indians may have full confidence in the justice of the United States, respecting their interests, they shall have the right to send a deputy of their choice, whenever they think fit, to Congress. Questions: 1. Who are the parties to the Treaty and when was it passed? 2. How does this Treaty protect Indian Lands? 3. What rights do the Cherokee have if the terms of the Treaty are violated? 26

27 Document 2: Fifth Amendment to the US Constitution, 1791 Fifth Amendment - Rights of Persons & Property No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just [fair] compensation. Guiding Questions: 1. What does the Fifth Amendment say about private property? About property rights? 2. How might the Fifth Amendment connect to the Indian Removal Act? Does it support it or not? Document 3: Jackson s Message to Congress, 1830 President Jackson s Message to Congress On Indian Removal December 6, 1830 It gives me pleasure to announce to Congress that the benevolent policy of the Government, steadily pursued for nearly thirty years, in relation to the removal of the Indians beyond the white settlements, is approaching to a happy consummation [conclusion]. The consequences of a speedy removal will be important to the United Sates, to individual States and to the Indians themselves It puts an end to all possible danger of collision between the authorities of the General and State Governments, on account of the Indians. It will place a dense and civilized population in large tracts of country now occupied by a few savage hunters. By opening the whole territory between Tennessee on the north, and Louisiana on the south, to the settlement of the whites, it will incalculably strengthen the southwestern frontier, and render the adjacent States strong enough to repel future invasion without remote aid. It will relieve the whole state of Mississippi, and the western part of Alabama, of Indian occupancy, and enable those States to advance rapidly in population, wealth, and power. It will separate the Indians from immediate contact with settlements of whites; free them from the power of the State; enable them to pursue happiness in their own way, and under their own rude institutions; will retard the progress of decay and through the influence of good, counsels To cast off their savage habits, and become an interesting, civilized and Christian community. Guiding Questions: 1. According to Jackson, what are the benefits of removal for the Cherokee? 2. According to Jackson, what are the benefits of removal for the United States? 3. How does Jackson reconcile benefits to all the parties? What are the common benefits? 4. Find examples of loaded terms Jackson uses to persuade Congress to his point of view? 27

28 Document 4: Senate Debate on Indian Removal Act, 1830 Excerpts from Senate Debate on Indian Removal Bill, April 16, 1830, Senator Peleg Sprague (Maine), 1830 By several of these treaties, we hare unequivocally guaranteed to them that they shall forever enjoy: 1st. Their separate existence, as a poetical community: 2nd. Undisturbed possession and full enjoyment of their lands, within certain boundaries, which are duly defined and fully described; 3rd. The protection of the United States, against all interference with, or encroachments upon their rights by any people, state, or nation. For these promises, on our part, we received ample consideration--- By the restoration and establishing of peace; By large cessions of territory; By the promise on their part to treaty with no other state or nation; and other important stipulations. Whither are the Cherokees to go? What are the benefits of the change? What system has been matured for their security? What laws for their government? These questions are answered only by gilded [showy/glib] promises in general terms; they are to become enlightened and civilized husbandmen. It is proposed to send them from their cotton fields, their farms and their gardens; to a distant and an unsubdued wilderness. To make them tillers of the earth! To remove them from their looms, their work-shops, their printing press, their schools, and churches, near the white settlements; to frowning forests, surrounded with naked savages. That they may become enlightened and civilized! We have pledged to them our protection and, instead of shielding them where they now are, within our reach, under our own arm, we send these natives of a southern clime to northern regions, amongst fierce and warlike barbarians. And what security do we propose to them? A new guarantee!! Who can look an Indian in the face; and say to him; we, and our fathers, for more than forty years, have made to you the most solemn promises; we now violate and trample upon them all; but offer you in their stead another guarantee!! Guiding Questions: 1. Is Sprague in favor of or against Indian Removal? How do you know? 2. What benefits did Sprague list about previous treaties to all the parties? 3. According to Sprague, how will the lives of the Cherokees change if they move west of the Mississippi River? 4. How does Sprague describe the change in communities or in Federal Indian Policy that will result from passage of this bill? 28

29 Document 5: Indian Removal Act of 1830 Indian Removal Act of 1830 (excerpts) An Act to provide for an exchange of lands with the Indians residing in any of the states of territories, and for their removal west of the river Mississippi. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That it shall and may be lawful for the President of the United States to cause so much of any territory belonging to the United States, west of the river Mississippi, not included in any state of organized territory, and to which the Indian title has been extinguished, as he may judge necessary, to be divided into a suitable number of districts, for the reception of such tribes of nations of Indians as may choose to exchange the lands where they now reside, and remove there; and to cause each of said districts to be so described by natural or artificial marks, as to be easily distinguished from every other. Guiding Questions: 1. What kind of connections can you make between the Louisiana Purchase and Indian Removal to lands west of the Mississippi River? 2. What is the Act s expectation of Native American tribes living east of the Mississippi River? 3. Hypothesize what the impact of Indian Removal would be on tribes west of the Mississippi River. 29

30 Document 6: Great Heroes of Real Estate Great Heroes of Real Estate Guiding Questions: 1. Whose picture is on this Twenty Dollar Bill? 2. How does this image connect the person with the Indian Removal Act? 3. What do you think is the significance of the stamp: "Great Heroes of Real Estate"? Who do you think it refers to? 4. Do you think this artist would have supported the Cherokee s rights to keep their land, or Jackson s Indian Removal Policy? Explain why. 30

31 Document 7: Worcester v. Georgia (1832) Worcester v. Georgia 1832 Background: In this case, the plaintiff, Samuel Austin Worcester, Postmaster of New Echota (the Cherokee capital), appealed his conviction under a Georgia law that required all whites living in Cherokee Territory to obtain permission from the State. Worcester and seven fellow missionaries refused to obey the law. They believed that, because of their support for Cherokees who were organizing to resist removal, they would never be granted permission by the State of Georgia, the defendant in this Supreme Court case. Excerpts from Court ruling: From the commencement of our government Congress has passed acts to regulate trade and intercourse with the Indians; which treat them as nations, respect their rights, and manifest a firm purpose to afford that protection which treaties stipulate. All these acts, and especially that of 1802, which is still in force, manifestly consider the several Indian nations as distinct political communities, having territorial boundaries, within which their authority is exclusive, and having a right to all the lands within those boundaries, which is not only acknowledged, but guaranteed by the United States... The Cherokee Nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves or in conformity with treaties and with the acts of Congress. The act of the State of Georgia [defendant] under which the plaintiff in error was prosecuted is consequently void, and the judgement a nullity.... The Acts of Georgia are in direct hostility with treaties, repeated in a succession of years, which mark out the boundary that separates the Cherokee country from Georgia; guarantee to them all the land within their boundary; solemnly pledge the faith of the United States to restrain their citizens from trespassing on it; and recognize the pre-existing power of the nation to govern itself. They are in equal hostility with the acts of Congress for regulating this intercourse, and giving effect to the treaties. Judgement reversed. Guiding Questions: 1. Did the Court rule in favor of the plaintiff or the defendant? What reasons are cited for the ruling? 2. How does this ruling define the Cherokee and what reasoning does it use to do so? 3. What previous laws are referenced about the rights of the Cherokee as a sovereign nation? 4. What did the ruling say about the rights of the State of Georgia regarding the Cherokee? 31

32 Document 8: Cherokee Land Maps ( ) Teacher Note: Print this in color so the boundary lines are clear. Red boundary line indicates Cherokee land. Cherokee Land Maps-Original Claims, 1791, and Before Indian Removal 1838 Guiding Questions: 4. Use an atlas and identify which present day states the Cherokee lands were located in for the various time periods. 5. What is happening to the Cherokee land over time? 6. Based on the boundaries of the Cherokee lands in 1838, why might Georgia be the state most active in pursuing Indian removal? 32

33 DBQ Rationales for Documents Document: The Removal Act of 1830 (M/H) This document provides students with an opportunity to read the actual Removal Act document and what it says about Native Americans. It reflects the position of the United States government and the power it executed on the people and the land. Document: Worcester v. Georgia 1832 This is a court case between the state of Georgia and a citizen of Vermont that was punished by law for interactions he had with the Cherokee. It provides juxtaposition about how different types of interactions between the Cherokee people and citizens of the US were interpreted by various branches of the US government (the Supreme Court in this case). Document: Timeline of Cherokee Removal 1838 This timeline is a very helpful document for students to see the series of events that took place leading up to and including the forced march to Oklahoma. It presents different emotions for the Cherokee and the American Citizens. It also presents information about the actual conditions the Cherokee faced during that period. Document: Twenty Dollar Bill/Indian Removal Act of 1830 This document provides the students with an opportunity to look at a form of political commentary. There are words and images that will require the students to try and see the bigger picture. Document: Fifth Amendment Text 1789 This document will provide the students with the opportunity to evaluate how the Fifth Amendment was or was not applied to the Indian Removal Act. Document: Jackson s Message to Congress 1830 This document will allow students to actually read the words Jackson spoke to Congress in regard to Indian removal. The students will be able to analyze and evaluate the language that Jackson used to present the Indian Removal Act. Document: Senate Debate on Indian Removal Bill, April 16, 1830, Senator Peleg Sprague (Maine) This document will allow students to explore the earlier treaties that were made with the Cherokee and dissent from Congress in how the treaties were not being followed by the US government. The senator that is speaking in this document is defending the rights of the Cherokee. Document: Cherokee Land Maps Original Claims, 1791, and Before Removal 1838 These maps are a very clear way for students to see how the lands of the Cherokee really diminished over time. Students will be able to compare these lands with the present day states that occupy the lands. They will hopefully be able to connect the tension between the Cherokee and the State of Georgia in particular. 33