Siminoles Indians
Creek Indians
After the War of 1812, some Muscogee leaders such as William McIntosh signed treaties that ceded more land to Georgia. The 1814 signing of the Treaty of Fort Jackson signaled the end for the Creek Nation and for all Indians in the South.[16] Friendly Creek leaders, like Selocta and Big Warrior, addressed Sharp Knife (the Indian nickname for Andrew Jackson) and reminded him that they keep the peace. Nevertheless, Jackson retorted that they did not "cut (Tecumseh's) throat" when they had the chance, so they must now cede Creek lands. Jackson also ignored Article 9 of the Treaty of Ghent that restored sovereignty to Indians and their nations. Eventually, the Creek Confederacy enacted a law that made further land cessions a capital offense. Nevertheless, on February 12, 1825, McIntosh and other chiefs signed the Treaty of Indian Springs, which gave up most of the remaining Creek lands in Georgia.[19] After the U.S. Senate ratified the treaty, McIntosh was assassinated on May 13, 1825, by Creeks led by Menawa.
The Creek National Council, led by Opothle Yohola, protested to the United States that the Treaty of Indian Springs was fraudulent. President John Quincy Adams was sympathetic, and eventually the treaty was nullified in a new agreement, the Treaty of Washington (1826).[20] Writes historian R. Douglas Hurt: "The Creeks had accomplished what no Indian nation had ever done or would do again — achieve the annulment of a ratified treaty."[21] However, Governor Troup of Georgia ignored the new treaty and began to forcibly remove the Indians under the terms of the earlier treaty. At first, President Adams attempted to intervene with federal troops, but Troup called out the militia, and Adams, fearful of a civil war, conceded. As he explained to his intimates, "The Indians are not worth going to war over."
Although the Creeks had been forced from Georgia, with many Lower Creeks moving to the Indian Territory, there were still about 20,000 Upper Creeks living in Alabama. However, the state moved to abolish tribal governments and extend state laws over the Creeks. Opothle Yohola appealed to the administration of President Andrew Jackson for protection from Alabama; when none was forthcoming, the Treaty of Cusseta was signed on March 24, 1832, which divided up Creek lands into individual allotments.[22] Creeks could either sell their allotments and received funds to remove to the west, or stay in Alabama and submit to state laws. Land speculators and squatters began to defraud Creeks out of their allotments, and violence broke out, leading to the so-called "Creek War of 1836". Secretary of War Lewis Cass dispatched General Winfield Scott to end the violence by forcibly removing the Creeks to the Indian Territory west of the Mississippi River.
Cherokee Indians
In 1838, the Cherokee Nation was removed from their lands in the Southeastern United States to the Indian Territory (present day Oklahoma) in the Western United States, which resulted in the deaths of approximately 4,000 Cherokees.[23] In the Cherokee language, the event is called Nunna daul Isunyi—“the Trail Where They Cried”. The Cherokee Trail of Tears resulted from the enforcement of the Treaty of New Echota, an agreement signed under the provisions of the Indian Removal Act of 1830 which exchanged Native American land in the East for lands west of the Mississippi River, but which was never accepted by the elected tribal leadership or a majority of the Cherokee people.
Tensions between Georgia and the Cherokee Nation were brought to a crisis by the discovery of gold near Dahlonega, Georgia, in 1829, resulting in the Georgia Gold Rush, the first gold rush in U.S. history. Hopeful gold speculators began trespassing on Cherokee lands, and pressure began to mount on the Georgia government to fulfill the promises of the Compact of 1802.
When Georgia moved to extend state laws over Cherokee tribal lands in 1830, the matter went to the U.S. Supreme Court. In Cherokee Nation v. Georgia (1831), the Marshall court ruled that the Cherokees were not a sovereign and independent nation, and therefore refused to hear the case. However, in Worcester v. State of Georgia (1832), the Court ruled that Georgia could not impose laws in Cherokee territory, since only the national government — not state governments — had authority in Indian affairs. In the winter of 1838 the Cherokee began the thousand mile march with scant clothing and most on foot without shoes or moccasins. The march began in Red Clay, Tennessee, the location of the last Eastern capital of the Cherokee Nation. The Cherokee were given used blankets from a hospital in Tennessee where an epidemic of small pox had broken out. Because of the diseases, the Indians were not allowed to go into any towns or villages along the way; many times this meant traveling much farther to go around them.[29] After crossing Tennessee and Kentucky, they arrived in Southern Illinois at Golconda about the 3rd of December, 1838. Here the starving Indians were charged a dollar a head to cross the river on "Berry's Ferry" which typically charged twelve cents. They were not allowed passage until the ferry had serviced all others wishing to cross and were forced to take shelter under "Mantle Rock," a shelter bluff on the Kentucky side, until "Berry had nothing better to do". Many died huddled together at Mantle Rock waiting to cross. Several Cherokee were murdered by locals. The killers filed a lawsuit against the U.S. Government through the courthouse in Vienna, suing the government for $35 a head to bury the murdered Cherokee.[29]
On December 26, Martin Davis, Commissary Agent for Moses Daniel's detachment wrote: "There is the coldest weather in Illinois I ever experienced anywhere. The streams are all frozen over something like eight or twelve inches thick. We are compelled to cut through the ice to get water for ourselves and animals. It snows here every two or three days at the fartherest. We are now camped in Mississippi swamp four miles from the river, and there is no possible chance of crossing the river for the numerous quantity of ice that comes floating down the river every day. We have only traveled sixty-five miles on the last month, including the time spent at this place, which has been about three weeks. It is unknown when we shall cross the river...."[30]