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1 AIS 101 REMOVAL I. INDAN LAW – REMOVAL A. Against native law of Indians to abandon bones of ancestors – wrong B. Against native law to leave land of one’s ancestors (leave rivers, mountains, hills, rivers, lakes, etc. that were part of native peoples’ existence C. All the human, plant, and animal people are connected and depend on each other, so if humans leave, the rest will be adversely impacted E. Religious ramifications of removal – land held in trust by Creator for native peoples II. ORIGINS OF FORCED REMOVAL A. Northeastern Tribes had been removed by expanding white populations and treaties almost since the first colonists arrived in the 16 th century (Roanoke) but this was generally considered voluntary removal (sort of); – when talking about forced removal, usually refers to the tribes of the Southeast B. Andrew Jackson from Tennessee had been a forceful proponent of Indian removal. 1. In 1814 commanded the U.S. military forces that defeated a faction of the Creek Nation and in that defeat, the Creek lost 22 million acres in of Fort Jackson) 2. U.S. acquired more land in 1818 when, spurred in part by motivation to punish Seminoles for harboring fugitive slaves, Jackson’s troops invaded Spanish Florida C. From 1814-1824, Jackson was instrumental in negotiating 9 of 11 treaties which divested southern tribes of their eastern lands in exchange for lands in the west. 1. Tribes agreed to treaties for two reasons: a. Wanted to appease government in hopes of retaining some of their land b. Wanted to protect themselves from white harassment 2. As a result of treaties, U.S. gained control of three-quarters of Alabama and Florida, as well as parts of Georgia, Tennessee, Mississippi, D. This was a period of “voluntary” Indian migration
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2 E. Johnson v McIntosh (1823): Supreme Court determined that Indians could occupy lands within the United States, but could not hold title to those lands- Indians’ “right of occupancy” subordinate to “Doctrine of Discovery” F. First formal policy of removal conceived by Secretary of War John C. Calhoun in 1825 and offered to Congress on January 24, 1825 (5 weeks to approve) G. President John Quincy Adams continued removal policy of Monroe H. President Andrew Jackson elected in 1828, in 1830 pushed legislation called the Indian Removal Act through both houses of Congress 1. Gave the president power to negotiate removal treaties with Indian tribes living east of the Mississippi River
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This note was uploaded on 05/16/2008 for the course AIS 101 taught by Professor Keller during the Spring '08 term at Palomar.

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