The Trail of Tears: A Defining Chapter in Native American History
In the early 19th century, the Cherokee Nation stood as a sovereign entity, its territory spanning northwest Georgia and adjacent lands in Tennessee, North Carolina, and Alabama. The United States, through an 1819 treaty, had solemnly guaranteed that Cherokee land would remain off-limits to white settlers forever. Yet this promise proved fleeting. Driven by the discovery of gold and the expansion of cotton agriculture, the state of Georgia and the federal government colluded to dispossess the Cherokee. The resulting forced migration—known as the Trail of Tears—became a symbol of suffering and resilience, claiming thousands of lives and leaving an indelible mark on Native American history.
The Indian Removal Act and the Erosion of Sovereignty
The Indian Removal Act of 1830, signed by President Andrew Jackson, authorized the federal government to relocate tribes from within state borders to unsettled land west of the Mississippi River. This policy targeted the so-called Five Civilized Tribes—the Cherokee, Creek, Seminole, Choctaw, and Chickasaw—who were to be moved to present-day Oklahoma. Despite the Cherokee’s adoption of many Euro-American practices, including a written constitution and Christian churches, they were not spared. The Act was a direct assault on tribal sovereignty, a concept that had been affirmed in numerous treaties but was increasingly ignored by state and federal authorities.
Voluntary Migration and the Treaty of New Echota
In 1835, a small faction of Cherokee known as the Treaty Party, led by Major Ridge, John Ridge, and Elias Boudinot, signed the Treaty of New Echota without the consent of the Cherokee government. This treaty ceded all Cherokee land east of the Mississippi in exchange for $5 million and land in Indian Territory. The vast majority of Cherokee, under Principal Chief John Ross, condemned the treaty as fraudulent. Nonetheless, the U.S. Senate ratified it by a single vote, setting the stage for removal. In 1837 and early 1838, approximately 2,000 Cherokees —mostly members of the Treaty Party—voluntarily migrated westward by boat along the Tennessee, Ohio, Mississippi, and Arkansas Rivers. This journey was relatively swift, with fewer than two dozen deaths.
The Forced Removal: Roundup and Internment
The voluntary relocations did not satisfy the government. In May 1838, President Martin Van Buren ordered 7,000 federal troops under General Winfield Scott to forcibly remove the remaining Cherokee. Soldiers rounded up more than 15,000 Cherokees —along with 1,500 enslaved African Americans held by Cherokee citizens—at gunpoint. Families were given minutes to gather belongings; many were arrested in their fields, and children were separated from parents. They were herded into wooden stockades and internment camps, where poor sanitation and overcrowding bred disease.
Private John Burnett, an interpreter, later recalled: “Men working in the fields were arrested and driven to the stockades. Women were dragged from their homes by soldiers whose language they could not understand. Children were often separated from their parents and driven into the stockades with the sky for a blanket and the earth for a pillow. And often the old and infirm were prodded with bayonets to hasten them to the stockades.”
Reverend Daniel Butrick, a missionary who had ministered in Cherokee territory for 20 years, described the scene: “From their first arrest they were obliged to live very much like brute animals, and during their travels, were obliged at night to lie down on the naked ground, in the open air, exposed to wind and rain, and herd together, men women and children, like droves of hogs, and in this way, many are hastening to a premature grave.”
The internment camps became breeding grounds for disease. Whooping cough, measles, dysentery, and diarrhea swept through the population. The lack of clean water and proper sanitation exacerbated the suffering. As historian John Ehle documented in his chronicle of Cherokee resistance, the Cherokee had fought removal through legal and political means, but their efforts were ultimately crushed by the weight of federal power.
The Journey West: Routes and Suffering
In June 1838, three military-led migrations departed present-day Chattanooga, Tennessee, by both land and water. The Cherokee were crowded onto boats that, according to Butrick, had “little, if any more room or accommodations than would be allowed to swine taken to market.” Stifling summer heat and a record drought made drinking water scarce. While only 21 Cherokee died in the four voluntary migrations, more than 200 perished in the three military-led expeditions.
The sweltering temperatures forced a suspension of the relocations. When they resumed that fall, General Scott agreed to let the Cherokee oversee the remainder of the exodus. The remaining Cherokee were divided into 13 groups of approximately 1,000 people each, led by Cherokee conductors. Federal soldiers could only observe as a Cherokee police force maintained order. These Cherokee-managed migrations were primarily overland, averaging 10 miles a day across various routes. Some groups took more than four months to complete the 800-mile journey. The three-mile-long caravans required days to cross rivers and included one wagon for every 20 people.
While the oldest, youngest, and sickest rode in wagons, most walked, slogging through mud and snow. One traveler who encountered the Cherokee in Kentucky recorded: “Even aged females, apparently nearly ready to drop into the grave, were traveling with heavy burdens attached to the back.”
The Cherokee were ill-equipped. Trail of Tears survivor Rebecca Neugin recalled: “We had no shoes, and those that wore anything wore moccasins made of deer hide.” They were also malnourished, subsisting on a daily ration of salt pork and flour. Neugin remembered: “The people got so tired of eating salt pork on the journey that my father would walk through the woods as we traveled, hunting for turkeys and deer which we brought into camp to feed us.”
General Scott’s summertime delay forced the Cherokee to march into one of the worst winters on record. “We are compelled to cut through the ice to get water for ourselves and animals,” wrote commissary agent Nathan Davis. Ice floes on the Mississippi River made crossing treacherous, forcing the Cherokee to camp in deep snow for weeks. One group took nearly three months to cover the 65 miles between the Ohio and Mississippi Rivers in southern Illinois. Dysentery and diarrhea ravaged the camps, and the harsh conditions claimed many lives, particularly children and the elderly, who were buried in makeshift graves along the route.
Legal and Political Context: Treaties and Resistance
The Trail of Tears was not an isolated event but part of a broader pattern of forced removal. The Cherokee had resisted through legal means, taking their case to the U.S. Supreme Court in Worcester v. Georgia (1832), where Chief Justice John Marshall ruled that the Cherokee Nation was a distinct community with its own laws and that Georgia had no authority over it. President Jackson famously (though perhaps apocryphally) retorted, “John Marshall has made his decision; now let him enforce it.” The ruling was ignored, and removal proceeded.
For deeper insight into the legal battles and the Cherokee resistance, see this analysis of how Native American tribes governed themselves historically, which contextualizes the Cherokee constitutional government and its clash with U.S. expansionism.
Treaties were central to U.S.-tribal relations, but they were often violated. The Treaty of New Echota, signed by a minority faction, was used as legal justification for removal despite overwhelming Cherokee opposition. This treaty, like many others, was imposed without genuine consent, highlighting the inherent imbalances in federal Indian policy.
Historical Context & Key Cultural Takeaways
Core Historical Facts and Scholarly Perspective
- Dates and Scale: The forced removal occurred in 1838–1839, affecting over 15,000 Cherokees. Approximately 4,000 Cherokee died from disease, starvation, and exposure. Overall, more than 10,000 individuals from multiple tribal nations perished during removal journeys.
- Legal Framework: The Indian Removal Act of 1830 authorized relocation; the Treaty of New Echota (1835) provided the pretext, though it was signed by a faction lacking authority.
- Resistance and Agency: The Cherokee resisted through legal action (Worcester v. Georgia) and political organization. Once removal became inevitable, they negotiated to manage their own migrations, demonstrating resilience and leadership.
- Cultural Impact: The Trail of Tears devastated Cherokee society, but the nation rebuilt in Indian Territory (present-day Oklahoma), establishing schools, churches, and a new capital at Tahlequah. The experience forged a lasting sense of unity and identity.
- Scholarly Consensus: Historians view the Trail of Tears as a case of ethnic cleansing and a tragic consequence of American expansionism. The event is commemorated today through the Trail of Tears National Historic Trail, administered by the National Park Service.
For a broader understanding of how Native American tribes have historically viewed land and sovereignty, explore this discussion of Native American land ownership concepts, which underscores the philosophical clash that underpinned removal policies.
Frequently Asked Questions
What was the Trail of Tears?
The Trail of Tears refers to the forced relocation of the Cherokee Nation from their ancestral homelands in the southeastern United States to Indian Territory (present-day Oklahoma) in 1838–1839. It also encompasses the removals of other tribes, including the Muscogee (Creek), Seminole, Chickasaw, and Choctaw, during the 1830s.
How many Cherokee died on the Trail of Tears?
Estimates vary, but scholarly consensus holds that approximately 4,000 Cherokee died from disease, starvation, and exposure during the roundup, internment, and forced migration. This represents nearly a quarter of the Cherokee population at the time.
What was the legal basis for the removal?
The Indian Removal Act of 1830 gave the president authority to negotiate removal treaties. The Treaty of New Echota (1835), signed by a small faction of Cherokee without the consent of the Cherokee government, was used to justify the forced removal, despite protests from the majority of Cherokee and Principal Chief John Ross.
What role did the U.S. military play?
President Martin Van Buren ordered 7,000 federal troops under General Winfield Scott to round up the Cherokee in May 1838. Soldiers forcibly evicted families from their homes, often with little notice, and escorted them to stockades and internment camps. Later, the Cherokee were allowed to manage their own migrations, with soldiers only observing.
Where can I learn more about the Trail of Tears today?
The Trail of Tears National Historic Trail, established by Congress in 1987, spans nine states and includes museums, interpretive centers, and preserved sites. The Cherokee Nation and other tribal governments maintain cultural centers and archives, such as the Cherokee National Museum in Tahlequah, Oklahoma.
Legacy and Preservation
The Trail of Tears remains a profound symbol of suffering and survival. The Cherokee and other removed tribes rebuilt their nations in Indian Territory, establishing institutions that continue to thrive. Today, the Trail of Tears National Historic Trail serves as a reminder of this dark chapter in American history, while tribal nations work to preserve their heritage and educate the public. For those interested in the broader context of Native American history, see this collection of resources on westward expansion and Indian removal.
Tribal & Historical Heritage Reference
Tribal Nations Involved: Cherokee, Muscogee (Creek), Seminole, Chickasaw, Choctaw.
Key Historical Sites: Trail of Tears National Historic Trail (administered by the National Park Service); Cherokee National Museum (Tahlequah, Oklahoma); New Echota State Historic Site (Calhoun, Georgia).
Primary Sources: Reverend Daniel Butrick’s journal; Private John Burnett’s recollection; Rebecca Neugin’s oral history; Worcester v. Georgia (1832).
Further Reading: The Trail of Tears: The Rise and Fall of the Cherokee Nation by John Ehle; Cherokee Removal: The “William Penn” Essays and Other Writings by Jeremiah Evarts.


