Georgia (1832) was a basis for the discussion of the issue of states' rights versus the federal government as played out in the administration of President Andrew Jackson and its battle with the Supreme Court. In addition to the constitutional issues involved, the momentum of the westward movement and popular support for Indian resettlement pitted white man against Indian. All of these factors came together in the Worcester case, which alarmed the independence of the Cherokee Nation, but which was not enforced. This examines the legal issues and tragic consequences of Indian resettlement. As the frontier moved west, white settlers wanted to expand into territory, which was the ancestral land of many Indian tribes. Although this had been going on since the administration of George Washington, during the administration of Andrew Jackson the government supported the policy of resettlement, and persuaded many tribes to give up their claim to their land and move into areas set aside by Congress as Indian Territory. In 1830, Congress passed the Indian Resettlement Act, which provided for the removal of Indians to territory west of the Mississippi River. While Jackson was President, the government negotiated 94 treaties to end Indian titles to land in the existing states. Many tribes resisted this policy. Wars were fought as a result. The Sac and Fox Indians in Wisconsin and Illinois reoccupied their lands after having been forced to move west of the Mississippi. They were defeated. The Seminole Indians refused to sign a treaty to give up their lands. They, too, fought and lost a bitter war to remain on their land. The Cherokees of Georgia were another tribe that resisted. They did not want to give up their way of life. The Cherokee governed themselves under a written constitution. They were prosperous farmers. They developed a written language and published a widely read newspaper, THE PHOENIX, in Cherokee. They did not want to sign the re...
