Documentary Review: We Shall Remain: Trail of Tears

This show was hard to watch, but good to watch.  The Cherokee as a people did everything they could to appease the White Easterners.  Many accepted Christianity.  The Cherokee were one of the Civilized Tribes.  Some had Black slaves.  Many lived in fancy American style houses.  They had been granted their land, their reservation if you will.  However, many of their neighbors coveted the land.  However, when Andrew Jackson came into power as president, he came with a mandate from his constituents to remove the Indians to the West.  He was true to this campaign promise.  David Crocket and others opposed him in congress, but this opposition was not successful, and congress passed a bill in 1830 and President Jackson sign the Indian Relocation Act, authorizing him to remove the Indians. 
After passage of this act, the State of Georgia divvied up the Indian territory, and made it available to citizens of Georgia.  They began to push the Native Americans aside, and some were killed.  This issue went to the Supreme Court.  The court ruled that as the Cherokee were an independent nation, the state had no jurisdiction and they could not be removed without a new treaty.  Chief Justice John Marshall said, "The Cherokee nation, then, is a distinct community occupying its own territory in which the laws of Georgia can have no force. The whole intercourse between the United States and this Nation, is, by our constitution and laws, vested in the government of the United States."
However, President Jackson chose not to enforce the ruling of the Supreme Court.  He made it clear he would not interfere with the State of Georgia, and in fact encouraged them to keep the "heat on."  This continued pressure split the nation.  John Ridge and his son and Elias Boudinot argued that removal was inevitable and they should negotiate with the government for compensation for their lands.  John Ross, the tribal chair at this time (John Ridge had been) followed the wishes of his constituents and refused to negotiate a treaty for giving away their lands.  Ridge, his son and Boudinot signed a treaty document ceding their lands for lands in Indian territory, $3 million dollars, and a guarantee of assistance in moving.  This was known as the Treaty of Echota.  It passed the Senate by only one vote.  They left, with about 2000 others before the required date, and were helped to move and reestablish themselves.  
John Ross held out hope of a change in heart.  They gathered a petition signed by almost every remaining Cherokee, about 15,000 signatures.  However it was not to be presented to Congress.  Other matters took precedence, and when the day came for removal, military and locl militia forced Indians out of their homes with just the clothes on their backs.  The rounded them into cattle corrals.  
Some would stay for some time in these corrals, facing the weather as the first group to travel hit illness.  The rest wanted to wait for the passing of the sick season.  They finally began their journey in the Fall.  However the weather caught them.  This season was exceedingly cold, with considerable amounts of snow.  Because of the weather they were delayed, and consequently their food ran out.  Of the 16,000 being forced to travel, a quarter would pass away.  All would suffer hardship, hunger and fatigue.
Cherokee law had been passed stating that if you sold Cherokee land your life was forfeit.  This payment was extracted from Ross sr. and JR as well as Boudinot.
I think it is important to watch this movie even though seeing the suffering is hard.  As a country, we treated the native Americans very harshly.  At one point a commentator said these acts were akin to genocide.  

Native American Biography: Cherokee and the Trail of Tears/Forced Removal to Indian Territory

The U.S. policy demanded that the Cherokee leave their homelands and move west to Indian Territory.  In making this move, the Cherokee fall into four categories: those who moved early, those who moved later but were part of signing their land away, those who resisted to the end, and those few who for whatever reason were able to stay in the East.
Those who moved early include John Chisolm, who managed trading posts along the route.  Another example would be Bowl, who moved East to stay ahead of White pursuit.  When he entered Texas it was part of Mexico, and he becamse an officer in the Mexican Army.  He was killed fighting the Texans.
Those who moved later, but were part of the Treaty of New Echota.  The primary signers of which were Elias Boudinot, John Ridge and Major Ridge.  This was despite the Cherokee having a blood law, saying if anyone sold Cherokee land without permission of the entire tribe, their life would be forfeit.
Elias Boudinot was a significant person in Eastern Cherokee life.  He married a prominent White woman, and his marriage was opposed by many.  They raised their children as Cherokee.  He edited a Cherokee newspaper, The Cherokee Phoenix which was written in both English and Cherokee, using Sequoyah's syllabary.   With the passing of the Indian Removal Act of 1830 it appeared removal of the Cherokee was inevitable.  This act was sparked by discovery of gold in Georgia, and a desire for more land by the White settlers.  Boudinot and is family lived in Echota, and he signed the Treaty of Echota.  However John Ross the principal chief, and most of the Cherokee people were opposed to the treaty.  Never the less, the were removed to Indian Territory the next year.  Boudinot's wife died just before removal, and he traveled to Indian Territory with his six children.  However factions loyal to Ross murdered he and the other signers of the treaty in Oklahoma.  His children returned to his in-laws in Connecticut where they were raised and went to school.
His son Elias Cornelius Boudinot was young at the time of Cherokee removal.  However in the east he became a prominent lawyer and returned to Indian Territory.   Using his knowledge of the law, and the fact that on the Indian Territory there was no excise tax, he established the Boudinot Tobacco Company and became wealthy.  However the company was confiscated as the federal government for non payment of taxes.  Boudinot lost his appeal to the Supreme Court.   The ruling was that a new treaty of 1866 did not include tax immunity.  Boudinot also served in the Cvil War fighting for the Confederacy.  He was also a representative from the Indian Territory to the Confederate Government.
Major Ridge was the Uncle of Elias Bourdinot.  He was Cherokee, and attended school in Connecticut where he met his wife.  They raised their children as Cherokee.  Ridge fought in the War of 1812, and also fought with Andrew Jackson against the Red Sticks of the Creek.  He became a member of the ruling counsel and adopted White methods, owning a plantation with slaves.  He was quite wealthy.  He too signed the treaty of Echota, feeling Cherokee removal was inevitable.  He traveled to Oklahoma before the Trail of Tears, but was murdered after arriving there.
His son John Ridge was also a signer of the Treaty of Echota.  He like his father travelled to Connecticut to attend school, and married the schoolmaster's daughter.  The tribal laws where adjusted to allow their children to be part of the Cherokee Tribe.  He too was part of the ruling committee.  However in signing the Treaty of Echota he too signed his death sentence.  When the treat was used by the U.S. government to force the eviction of the Cherokee, a third of the nation passed away in the Trail of Tears.
Stand Watie was a brother to Elias Boudinot and cousin to John Ridge.  He too was among those to sign the Treaty of Echota.  Even though attempts were made upon his life, he was not murdered.  There was a general feud among the Cherokee Nation.  All of Watie's brothers were killed.  At one time he was accused and tried for murder.  He was defended by Elias Cornelius Boudinot and found not guilty for self defense.  Stand Watie served for the Confederacy in the Civil War.  He served as a general.  He was the last general to surrender.
Those who moved later as part of the Trail of Tears, but resisted were lead by John Ross.  Ross was leader of the Cherokee, and resisted all efforts for their removal.  He had helped write their constitution and became the first principal leader.  It was while he was in Washington negotiating withthem, the the Treaty of Echota took place.  Despite it being signed by a minority, despite a petition of 14,000 Cherokee against the treaty and despite all their efforts it was signed and ratified by Congress and signed by the president.  This gave them two years to prepare.  He was the leader during their forced removal known as the Trail of Tears.  They were given two years to prepare.  Of the 13,000 removed, at least 4000 died, including Ross' wife.  After arriving in Oklahoma, merging the three factions was difficulty.  Those who had moved to Indian Territory earlier did not want the newcomers, and those who signed the treaty vs those who resisted the signing carried a bloody feud.
Worse these two sides seemed to split on pro-Confederacy and pro-Union lines.  He went into exile during this time, as many of the pro-Union who stayed in Kansas.  Four of his sons fought for the  Union, and one died.  To the end he fought this schism, traveling to Washington to oppose splitting the reservation as proposed by the pro-Confederates.  Only after his death was a treaty keeping the reservation in tact approved.
John Adair would be another example of the group forced to move by Trail of Tears, although he was young at the time.