Against the Act
With any act that passes, there will be people opposed to the act. This is no different with the passing of the Indian Removal Act as many lend their voice to the opposition to the act. Americans against the act had many different arguments about the unconstitutionality of the Indian Removal Act.
One argument made against the act was that the act went against what the foundation of America was built off of: the Constitution. Treaties formally signed with the Natives regarding their right to possess their own land were neglected. Included in these treaties were promises such as the freedom to enjoy their land as a disconnected community and the government's word to not interfere in the lives of the Natives. The American government also promised to use its own military to defend the Native tribes. That promise was neglected, too.
As Americans began taking over Natives' land, they attempted to convert Natives to the American way of life. The five civilized tribes, or the Cherokee, Choctaw, Chickasaw, Creek, and Seminole tribes were considered civilized due to their adaptation to the American culture. This new way of life included a different religion, language, and other aspects of culture. If the government was to banish the Natives outside of US boundaries, the Natives would be forced to return to a savage life, which would be unfamiliar to most. Many considered this to be immoral, as they would become strangers to a life that their ancestors once knew. They would have to adopt a new culture all over again.
Everyone knows that the Indians had settled on American soil before the first European settlers and even before America was established. This was one of the most common argument used be the opposition. Natives had the right to their land and of course they didn't want to leave their land. The Natives did not voluntarily leave their land to make way for new settlers. Native tribes had an attachment to their ancestral land and the last thing they wanted to do was to pick up and move to a totally different territory. Opponents to the Removal Act viewed this considerable action as extremely cruel and harsh to the Natives.
Under the Indian Removal Act of 1830, thousands of Natives Americans were forced to make the treacherous journey to land west of the Mississippi River through harsh weather conditions. Many died on the journey to their new homes and were buried on the Trail of Tears, which was the final resting place for a quarter of the Cherokee population.
The conditions on the Trail of Tear were terrible. The traveling Indians faced bandits, food shortages, and difficult to navigate terrain. John Burnett, an eyewitness to the terrible conditions on the Trail of Tears, wrote in his journal that the Natives "encountered a terrific sleet and snow storm with freezing temperatures and from that day until [they] reached the end of the fateful journey on March the 26th, 1839".
(Picture courtesy of www.dipity.com)
The conditions on the Trail of Tear were terrible. The traveling Indians faced bandits, food shortages, and difficult to navigate terrain. John Burnett, an eyewitness to the terrible conditions on the Trail of Tears, wrote in his journal that the Natives "encountered a terrific sleet and snow storm with freezing temperatures and from that day until [they] reached the end of the fateful journey on March the 26th, 1839".
(Picture courtesy of www.dipity.com)