The Cherokee Trail of Tears (1838–1839): Complete History, Causes, Impact, and Legacy
Cherokee Trail of Tears, Indian Removal Act, Andrew Jackson, Native American Removal, Worcester v Georgia, Treaty of New Echota, Cherokee Nation history
The Cherokee Trail of Tears: A Scholarly History of the Forced Removal
The Cherokee Trail of Tears was the forced relocation of the Cherokee people from their ancestral homelands in the southeastern United States to Indian Territory (present-day Oklahoma) between 1838 and 1839. Approximately 16,000 Cherokee were removed, and an estimated 4,000 died due to disease, exposure, and starvation.
This tragic event was not sudden—it was the culmination of decades of land pressure, state expansion, racial ideology, and federal policy. Understanding the Trail of Tears requires examining the political decisions, court rulings, and treaty controversies that made removal possible.
Background: The Cherokee Nation Before Removal
By the early 19th century, the Cherokee Nation had developed a structured constitutional government, agricultural economy, and written language system created Sequoyah. They published a bilingual newspaper and established schools and courts. Many American officials referred to the Cherokee as one of the “Five Civilized Tribes,” reflecting Euro-American bias rather than cultural reality.
Despite these adaptations, white settlers coveted Cherokee land—especially after gold was discovered in Georgia in 1828.
The Indian Removal Act of 1830
The pivotal federal legislation enabling removal was the Indian Removal Act, signed President Andrew Jackson in 1830.
The Act authorized the president to negotiate land-exchange treaties with Native nations east of the Mississippi River. Although described as voluntary, negotiations were often coercive and conducted under threat of force.
Historian Daniel Walker Howe argues that removal was central to Jacksonian expansionism and deeply embedded in the political ideology of the era.¹
Worcester v. Georgia (1832): Sovereignty Affirmed, Then Ignored
In 1832, the Cherokee Nation achieved a major legal victory in Worcester v. Georgia, decided the Supreme Court of the United States.
Chief Justice John Marshall ruled that the state of Georgia had no authority over Cherokee territory and affirmed tribal sovereignty. The decision should have protected Cherokee land rights. However, federal enforcement never materialized.
The executive branch’s failure to uphold the ruling demonstrated a critical weakness in constitutional checks and balances when Indigenous sovereignty conflicted with expansionist interests.
The Treaty of New Echota (1835)
In 1835, a small minority faction of Cherokee leaders signed the Treaty of New Echota, agreeing to cede all Cherokee lands east of the Mississippi River.
Principal Chief John Ross and the majority of the Cherokee people opposed the treaty, arguing that the signers had no authority to represent the Nation. Nevertheless, the U.S. Senate ratified the treaty in 1836 a single vote.
The treaty provided a two-year deadline for voluntary relocation. When most Cherokee refused to leave, the federal government enforced removal militarily.
According to historians Theda Perdue and Michael D. Green, the treaty’s ratification marked the final collapse of Cherokee diplomatic resistance.²
The Forced Removal (1838–1839)
In May 1838, under President Martin Van Buren, federal troops under General Winfield Scott began rounding up Cherokee families.
Cherokee people were:
▪ Forced from their homes at gunpoint
▪ Held in stockades under harsh conditions
▪ Denied adequate food and medical care
▪ Marched over 1,000 miles west
The journey occurred in several detachments traveling foot, wagon, and riverboat through Tennessee, Kentucky, Illinois, Missouri, and Arkansas.
The Cherokee called the event “Nunna daul Tsuny”—“The Trail Where They Cried.”
Disease—including dysentery and measles—spread rapidly in overcrowded camps. Cold weather during the winter of 1838–1839 intensified suffering. Modern estimates conclude that approximately one-quarter of the Cherokee population perished.³
Political Division and Rebuilding in Indian Territory
Upon arrival in Indian Territory (present-day Oklahoma), survivors faced internal political conflict. Members of the treaty faction were assassinated in 1839, reflecting deep divisions within the Nation.
Despite trauma and loss, the Cherokee rebuilt their constitutional government, schools, and courts in the West. Their resilience remains one of the most significant aspects of this history.
Today, portions of the removal routes are preserved as the Trail of Tears National Historic Trail, administered the National Park Service.
Broader Context: Indian Removal as National Policy
The Cherokee removal was part of a broader federal effort to relocate southeastern tribes. Historian Claudio Saunt describes Indian removal as a coordinated national project driven land speculation, cotton expansion, and racial ideology—not merely frontier conflict.⁴
Removal reshaped the American South, opening millions of acres to plantation agriculture and accelerating the expansion of slavery.
Long-Term Consequences
1. Demographic Devastation
The deaths of thousands permanently altered Cherokee society.
2. Loss of Ancestral Homelands
Sacred lands and burial grounds were abandoned under duress.
3. Legal Implications
The non-enforcement of Worcester v. Georgia revealed the fragility of tribal sovereignty in practice.
4. Generational Trauma
The Trail of Tears remains central to Cherokee historical memory and identity.
Why the Cherokee Trail of Tears Still Matters
The Trail of Tears continues to shape conversations about:
▪ Indigenous sovereignty
▪ Federal Indian policy
▪ Constitutional enforcement
▪ Historical justice
It stands as a stark example of how democratic institutions can fail minority populations when political will overrides legal principle.
Understanding the Cherokee Trail of Tears is essential for understanding American expansion, Native American resistance, and the moral complexities of U.S. history.
Scholarly Sources & Further Reading
What Hath God Wrought Daniel Walker Howe (Oxford University Press, 2007).
The Cherokee Nation and the Trail of Tears Theda Perdue and Michael D. Green (Penguin, 2007).
Ehle, John. Trail of Tears: The Rise and Fall of the Cherokee Nation. Anchor Books, 1988.
Unworthy Republic Claudio Saunt (W. W. Norton, 2020).
Foreman, Grant. Indian Removal: The Emigration of the Five Civilized Tribes of Indians. University of Oklahoma Press, 1932.
* Authors Note
Author’s Declaration of Academic Integrity (Chicago Style)
I here affirm that this manuscript, titled The Cherokee Trail of Tears (1838–1839): Complete History, Causes, Impact, and Legacy, is an original scholarly work prepared in accordance with the principles of academic integrity and the guidelines of the Chicago Manual of Style (17th edition).
All historical interpretations, narrative structure, and analysis presented herein are independently written. Factual information regarding the Cherokee removal, the Indian Removal Act, Worcester v. Georgia, and the Treaty of New Echota derives from public historical records and established scholarship. All secondary sources informing the historiographical context have been properly cited in footnotes and/or the bibliography in accordance with Chicago style conventions.
No copyrighted material has been reproduced without appropriate quotation, attribution, or permission. Any paraphrased material reflects original synthesis and interpretation rather than duplication of prior published text.
I accept full responsibility for the accuracy of citations, interpretations, and conclusions presented in this work.
Signed,
Stan J. Williams
[Independent Scholar]
[February 26th, 2026]
Academic Integrity Statement
This article is an original work of historical synthesis based on established scholarly research and publicly available historical records. All interpretations and narrative explanations have been independently written for publication purposes. No copyrighted text has been reproduced without attribution.
Historical facts referenced herein—including legislation, court decisions, treaties, and documented events—are matters of public record and are not subject to copyright protection. Scholarly works cited in the references section, including What Hath God Wrought, The Cherokee Nation and the Trail of Tears, and Unworthy Republic, are acknowledged as foundational academic sources that inform the broader historiography of the Cherokee removal era.
All effort has been made to ensure accuracy, proper attribution, and adherence to academic standards of integrity. Any errors or omissions are unintentional and remain the responsibility of the author.