Indian Removal

Abstract

This paper will look at interactions between the Indians1 of the land that is now the United States and the law with respect to the forced relocation of those Indians. This paper will look at the evolutions of the United States Government’s perceptions and ideas with respect to the Indians leading up to the Indian Removal Act of 1830, the reasons for and the context of the Indian Removal Act, the debate surrounding the Indian Removal Act, and finally the implementation of the Indian Removal Act and the results of that Act. This paper looks at the issue of Indian Removal as one of the major moves by the United States Government to marginalize the Indians permanently and absolutely. The paper will follow the some of the people instrumental to the creation and implementation of the Indian Removal Policy, the attempts made to avoid the necessity of removal such as citizenship and assimilation pushes, also some Marshall court decisions will be considered for their effect on Indian removal, and finally the actual removal of the Indians will be looked at by focusing on a few tribes specific experiences. This author is skeptical of whether the underlying goal of the Indian removal process was to encourage extinction of the Indians or at least of their traditional way of life; but will focus on considering whether there was a moral purpose in removing the Indians or if it was done for solely economic, political and racist reasons. Throughout the paper the author will try to highlight and emphasis that the context of the time is instrumental in the understanding of Indian Removal. In looking back at this issue often the examiner focus on Indian Removal as an Indigenous peoples issues or an instance of genocide and attempted extinction while that view is correct it is a narrow view. To fully understand Indian Removal one must attempt to see the situation as it was seen in the day. While it is correct Indian Removal had some racially motivated and very ethnocentric purposes it arguably had more important purposes including peace, expansion and the protection of the newly created United States government. Like most things related to politics, the story at first glance is not the whole story.