As John Burnett once said, “The trail of the exiles was a trail of death”. This perfectly describes the Trail of Tears- a journey in which 15,000 Cherokees were forced to walk about 1,000 miles in the harsh cold winter. The Trail of Tears was a horrifying event- full of hunger, diseases, exhaustion, and death. The seventh president of the United States of America, Andrew Jackson, was the cause of this brutal and heartbreaking journey. He forcibly transferred the Cherokees from their home on the Trail of Tears, was prejudiced and discriminated against the Native Americans, and was responsible for inhumane acts that caused suffering.
Due to the events leading up to and during the Trail of Tears, Andrew Jackson is guilty of committing crimes against humanity. Due to his forcible transfer of the entire Cherokee Nation, Andrew Jackson is guilty of committing crimes against humanity. For example, the Cherokees were forced to walk on the Trail of Tears. As Private John Burnett, who served in the mounted infantry, stated in his letter to his children, “I saw the helpless Cherokees arrested and dragged from their homes, and driven at the bayonet point into the stockades… I saw them loaded like cattle or sheep into six hundred and forty five wagons and started toward the west”.
This is not right. The Cherokees were forced to walk on the Trail of Tears, all due to Andrew Jackson. Chief John Ross, the leader of the Cherokee Nation, wrote in his letter, “Our Hearts are Sickened”, to Congress, “[P]resented to us as a treaty… approved by the President, and our acquiescence… demanded, under the… threat of summary compulsion, in case of refusal. It comes to us, not through our legitimate authorities… but through the agency of a complication of powers, civil and military”. This proves that Andrew Jackson committed crimes against humanity due to how he forcibly transferred the Cherokees.
This is because the Treaty of New Echota (the legal basis for the removal of the Cherokees) was forced upon the Cherokee Nation with military power and approved by President Andrew Jackson. Even though Andrew Jackson knew that the Cherokees were clearly opposed to the relocation, he did not listen and was ready to force them to move. The fact that the Cherokees were driven at bayonet point, treated like cattle and sheep, and dragged from their homes under the Treaty of New Echota, which was approved by Andrew Jackson, clearly shows that the Cherokees were forcibly transferred on the Trail of Tears.
Not only did Andrew Jackson forcibly transfer the Cherokees, he also committed the crime of persecution and discrimination. This is due to how he forced the Cherokees to move, even though the white settlers were at fault. When gold was found on Cherokee land, white settlers poured on their land, burning villages and ignoring treaties. President Jackson ignored the numerous violations of previous treaties, such as the Treaty of Holston, between the Cherokee Nation and the United States of America and still forced the Cherokees to move.
This shows persecution and discrimination because even though the white settlers were at fault and should have been punished, they were not. Instead, the Cherokees were forced to move for the crimes of whites. The Cherokees also asked the U. S. national government for help, but President Jackson ignored them. Due to his unfair treatment of the Cherokees, Andrew Jackson is guilty of committing crimes against humanity. President Andrew Jackson did not provide enough supplies on the Trail of Tears and committed an inhumane act that caused suffering, which is a crime against humanity.
During the Trail of Tears, about 4,000 Cherokees died due to sickness, hunger, and exposure to unsanitary environments. All of these deaths could have been prevented if Andrew Jackson provided enough supplies for the Cherokees. In Article 8 of the Treaty of New Echota, it was promised to the Cherokees that a “sufficient number of steamboats and baggage-wagons shall be furnished to remove them comfortably”. However, there were only six hundred and forty-five wagons for the Cherokees (John G. Burnett’s Story of the Removal of the Cherokees).
How is this a sufficient number of wagons for sixteen thousand people, not including the soldiers provided to guide them on the trail? This is not right. Also, before the Trail of Tears, the Cherokees were forced into stockades. These stockades were filthy, infested with diseases, and filled with mud. The water was polluted and the Cherokees were prone to illnesses, such as smallpox, malaria, and cholera (Alchin). These diseases could have been prevented if Andrew Jackson had provided more supplies for the Cherokees. With better shelter and sanitation supplies, these 4,000 people would not have died.
In fact, about 2,000 of the deaths were in these stockades (Alchin). Due to Andrew Jackson’s lack of supplies and inhumane act that caused suffering, it is clear that he is guilty of committing crimes against humanity. Even though some people may say what Andrew Jackson did was right, due to the Treaty of New Echota, it is simply not true. On December 29, 1835, a few members of the Cherokee Nation (called the Treaty Party) led by Major Ridge signed the Treaty of New Echota, allowing the United States to take all Cherokee lands in exchange for 5 million dollars.
This allowed Andrew Jackson to move the Native Americans on the Trail of Tears. However, the treaty was illegal. When Major Ridge and his Treaty Party signed the Treaty of New Echota, they did not have permission to represent the opinion of the entire Cherokee Nation. The Treaty of New Echota was not approved by the Cherokee National Council or signed by Principal Chief John Ross. It only represented the wishes of a small minority of the Cherokee people. In fact, only 114 Cherokees supported the relocation (“Cherokee in North Georgia 7 Treaty of New Echota”).
There was even a law in place that did not allow the Cherokees to sell Cherokee land without the consent of the National Council! The punishment for violating this law was death. Due to the clear violation of numerous Cherokee laws, it is evident that the Treaty of New Echota is illegal. During 1838, 15,000 Cherokees were forced to walk nearly 1,000 miles in the brutal winter. Full of famine, illnesses, fatigue and about 4,000 deaths, the Trail of Tears was mortifying.
This cruel journey was caused by the 7th president of the United States – Andrew Jackson. Now, some might say what Andrew Jackson did was legal, due to the Treaty of New Echota. But, based on the evidence, the answer is clear. The Treaty of New Echota was illegal. Chief of Cherokees, John Ross did not sign the treaty nor was it approved by the Cherokee National Council, therefore making it illegal. Not only did Andrew Jackson approve an illegal treaty, he also knowingly approved of the transfer of the entire Cherokee Nation from their land with force.
Furthermore, President Jackson was prejudiced against the Cherokees and discriminating them due to their skin color. He purposely ignored the crimes of the white settlers in Georgia, who raiding and burning down Cherokee villages, and allowed them to violate numerous treaties. To add on, due to his lack of provisions, Jackson not only caused physical harm to the Cherokees but also mental. Simply put, Andrew Jackson is guilty of committing crimes against humanity due to the events leading up to and during the Trail of Tears.
