Trail of Tears
...ights to whites. Cherokees were not allowed to conduct tribal business, contract, testify in courts against whites, or mine for gold. The Cherokees successfully challenged Georgia in the U.S. Supreme Court. President Jackson, when hearing of the Court's decision, reportedly said, "John Marshall has made his decision; let him enforce it now if he can.” This blatantly disregards the system of checks and balanced of the United States government- it is not the duty of the judicial branch to enforce the laws, only to interpret them- it is the duty of the executive branch to enforce them, and Jackson ignored this presidential duty. Most Cherokees opposed removal. Yet a minority felt that it was futile to continue to fight. They believed that they might survive as a people only if they signed a treaty with the U.S. In December 1835, the U.S. sought out this minority to effect a treaty at New Echota, Georgia. Only 300 to 500 Cherokees were there; none were elected officials of the Cherokee Nation. Twenty signed the treaty, ceding all Cherokee territory east of the Mississippi to the U.S. More than 15,000 Cherokees protested the illegal treaty. Yet the Treaty of New Echota was ratified by the U.S. Senate- by just one vote. In May 1838, Federal troops and state militias began the roundup of the Cherokees into stockades. Families were separated--the elderly and ill forced out at gunpoint- people given only moments to collect cherished possessions. Fifteen thousand captives awaited removal. Crowding, poor sanitation, and drought made them miserable. Many died. The Cherok...