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Violation

Treaty of New Echota (1835) and the Trail of Tears (1838-39)

Not yet reviewed by this nation. What follows comes from public records and research. It does not speak for the nation.

A minority Treaty Party signed the 1835 New Echota treaty over Ross's objections; the Senate ratified it and troops enforced removal.

Treaty
Treaty with the Cherokee (New Echota)
Nations
Cherokee
When
1835-1839
Land affected
All Cherokee lands east of the Mississippi for $5 million, in exchange for land in Indian Territory (the treaty also adds a tract estimated at 800,000 acres).
Acreage
Cession had no stated acreage; Georgia/Tennessee/Alabama/North Carolina homeland. West: 7 million acres plus 800,000-acre tract (per treaty).

What happened

The Treaty of New Echota was signed on December 29, 1835 (7 Stat. 478, proclaimed May 23, 1836). In Article 1 the Cherokee Nation "cede relinquish and convey to the United States all the lands owned claimed or possessed by them east of the Mississippi river" for five million dollars. The treaty also promised land in the west. Article 7 said the Cherokee "shall be entitled to a delegate in the House of Representatives of the United States whenever Congress shall make provision for the same."

The treaty text speaks of "the chiefs and head men and people of the Cherokee nation in general council." The North Carolina State Library's NCpedia describes it differently. It says "a small, unauthorized group of about 100 Cherokee leaders (known as the Treaty Party)" signed it. Principal Chief John Ross, it says, collected more than 15,000 signatures asking the Senate not to ratify. The Senate approved the treaty by one vote. The treaty gave two years to leave. In May 1838, President Van Buren sent troops under Gen. Winfield Scott to round up Cherokees and hold them in camps and stockades.

Between October 1838 and March 1839 the Cherokee moved west. NCpedia says an estimated 4,000 of about 15,000 died. The treaty is a ratified instrument, so this account is about how it was made and enforced, not about a court finding of breach.

Good to know. Figures vary by source: NCpedia describes Ross's petition as having more than 15,000 signatures, and the toll of about 4,000 deaths is an estimate.

Summarized with AI assistance from 2 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

  1. they shall be entitled to a delegate in the House of Representatives of the United States whenever Congress shall make provision for the sameTreaty with the Cherokee, 1835 (New Echota), 7 Stat. 478, Tribal Treaties Database
  2. a small, unauthorized group of about 100 Cherokee leaders (known as the Treaty Party) signed the Treaty of New EchotaTrail of Tears, NCpedia (State Library of North Carolina)

Research notes. Petition size, death toll and Senate tally vary by source (NCpedia: more than 15,000 signatures; a National Archives item counts 3,352 on one petition; about 4,000 deaths is an estimate). Senate margin of "one vote" per NCpedia; the 31-15 tally was not checked. Current status of the Article 7 delegate seat not verified. Cherokee Nation, United Keetoowah Band and Eastern Band of Cherokee Indians each hold distinct histories of removal; none were consulted here. The treaty text itself says it was made with the chiefs in general council, which the sources dispute.

Treaty or agreementRemoval treatyShapes from the 1899 federal record: approximate, not legal boundaries.

Who is doing the work

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Native legal and land defense, nationally

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Connections

These links were matched automatically by name or date and have not yet been reviewed by a person.

Taken to court in 2

Carried out through 1

Nations named 1

Policy era 1

Concerns the instrument 1

Sources

  1. en.wikipedia.org/wiki/Treaty_of_New_Echotapointer
  2. docsteach.org/lesson/analyzing-the-petition-against-the-treaty-of-new-echota/unclassified
  3. ncpedia.org/cherokee/trailoftearsunclassified
  4. en.wikipedia.org/wiki/Cherokee_removalpointer
  5. treaties.okstate.edu/treaties/treaty-with-the-cherokee-1835-0439reference work
  6. supreme.justia.com/cases/federal/us/31/515/legal text copy
  7. supreme.justia.com/cases/federal/us/30/1/legal text copy
The record’s fields
What happened
Treaty of New Echota (1835) and the Trail of Tears (1838-39) -- Signed Dec. 29, 1835 by a minority 'Treaty Party' (Major Ridge, Elias Boudinot, John Ridge) without authorization from the Cherokee government under Principal Chief John Ross. Ross presented petitions against it with thousands of Cherokee names (sources give 13,000 to almost 16,000; one National Archives-linked item counts 3,352 signatures on one petition). The Senate ratified in May 1836 by a single vote; proclaimed May 23, 1836 (7 Stat. 478). General Winfield Scott began enforcing removal in May 1838 with about 7,000 troops and militia. Removal ran Oct. 1838-Mar. 1839. Article 7 promised a Cherokee delegate in the House 'once Congress makes provision'; no delegate has been seated.
Legal aftermath
Cherokee Nation v. Georgia (1831); Worcester v. Georgia (1832) held Georgia's laws void in Cherokee territory. Death toll estimates: about 4,000 (most cited; Elizur Butler), range 2,000-6,000 (secondary). Cherokee Nation (2019-) has pressed Article 7 delegate seat (Kimberly Teehee); outcome beyond 2022 not verified.
Kind
Violation
Confidence
High
Nation review
Not yet reviewed by this nation
Notes
  • Some details are disputed
  • Some details not yet checked against a source
  • Some details unverified

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