Disturbing History - DH Ep:15 The Trail Of Tears

Episode Date: June 1, 2025

In the early 1830s, the U.S. government signed into law one of the most devastating policies in its history—The Indian Removal Act, forcing tens of thousands of Native Americans from their ancestral... homelands.What followed was a harrowing journey of betrayal, suffering, and death known as The Trail of Tears.In this episode of Disturbing History, Brian traces the brutal expulsion of the Cherokee and other Southeastern tribes at the hands of the American government. Under President Andrew Jackson’s directive, entire communities were marched west at gunpoint—across freezing rivers, through disease-ridden camps, and along miles of unforgiving terrain.We explore:The political motivations behind Indian RemovalThe resistance efforts led by the Cherokee NationThe forced marches and staggering death tollAnd the long-lasting scars this event left on Native peoples—and on America itselfThis isn’t just a story of relocation. It’s a story of calculated erasure—of promises broken, cultures shattered, and the dark price of expansion.Because sometimes, the past isn’t forgotten by accident.Sometimes, it’s buried on purpose.

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Starting point is 00:00:01 Some stories were never meant to be told. Others were buried on purpose. This podcast digs them all up. Disturbing history peels back the layers of the past to uncover the strange, the sinister, and the stories that were never supposed to survive. From shadowy presidential secrets to government experiments that sound more like fiction than fact, this is history they hoped you'd forget. I'm Brian, investigator, author, and your guide through the dark corner.
Starting point is 00:00:31 of our collective memory. Each week I'll narrate some of the most chilling and little-known tales from history that will make you question everything you thought you knew. And here's the twist. Sometimes the history is disturbing to us. And sometimes, we have to disturb history itself, just to get to the truth.
Starting point is 00:00:50 If you like your facts with the side of fear, if you're not afraid to pull at threads, others leave alone. You're in the right place. History isn't just written by the victors. victors. Sometimes it's rewritten by the disturbed. In the rolling hills of northern Georgia, where the Appalachian foothills stretched their ancient fingers toward heaven, there once stood a site that would have astounded any European visitor in the year 1835. Here, carved from wilderness
Starting point is 00:01:28 that American politicians claimed was savage and unproductive, stood New Akota, a thriving town that rivaled any contemporary American settlement in sophistication and prosperity. The streets were laid out in orderly grids. Two-story brick homes with glass windows and front porches lined the avenues. A newspaper office hummed with activity, printing the Cherokee Phoenix in both English and Cherokee. The latter using an ingenious syllabary that had transformed an oral culture into a literate one in barely a generation. The courthouse stood as a testament to Cherokee adaptation of European legal systems, while nearby, a seminary-educated Cherokee youth in classical literature, mathematics, and theology alongside Cherokee traditions.
Starting point is 00:02:15 But perhaps most remarkably, in the heart of this Native American metropolis, stood the home of Joseph Van, a Cherokee planner whose mansion rivaled any southern plantation house, complete with imported Italian marble, crystal chandeliers, and formal gardens. Van's steamboat, aptly named Lucy Walker, carried cargo up and down the Tennessee River, while his hundreds of enslaved African Americans worked vast cotton fields that generated enormous wealth. This was not the primitive wilderness that President Andrew Jackson described in his speeches to Congress. This was a civilization that had, in the span of 50 years, accomplished what European colonists had taken centuries to achieve. The Cherokee had built a constitutional republic, established a written legal code, developed a free press,
Starting point is 00:03:04 and created an economy that made some Cherokee individuals among the wealthiest people in the American South. Yet on a crisp morning in October 1838, soldiers in blue uniforms would surround New Akota with bayonets fixed, giving its inhabitants minutes to gather what they could carry before being herded like cattle into stockades. Within weeks, this marvel of indigenous adaptation would stand empty. Its building soon to be occupied by white settlers who would never know the names of the Cherokee families who had planted the fruit trees in their backyards or carved the stone foundations upon which their new homes rested. The destruction of New Dakota was not an unfortunate accident of American expansion. It was its inevitable conclusion. For this story is not simply about the Cherokee Trail of Tears, but about the systematic dismantling of indigenous sovereignty
Starting point is 00:03:56 in service of an American empire that could not tolerate the existence of independent nations within its envisioned borders. regardless of their sophistication, their legal rights, or their willingness to adopt European customs. What follows is the story of how the United States government, through a combination of legal manipulation, military force, and bureaucratic cruelty, engineered one of the most devastating ethnic cleansings in North American history. It is a story told through the voices of Cherokee leaders who fought in courtrooms and congressional halls, of families torn apart on wilderness trails, of children who died in their mother's arms
Starting point is 00:04:36 from diseases that proper medical care could have prevented, and of survivors who somehow found the strength to rebuild their nation after losing everything they had known. But it is also the story of how a young American Republic, barely 60 years old, chose to define itself not through its highest ideals, but through its willingness to destroy indigenous peoples, who dared to remain sovereign within its expanding borders.
Starting point is 00:05:00 The Trail of Tears was not an unfortunate byproduct of Manifest Destiny. It was Manifest Destiny's truest expression. To understand the full tragedy of the Cherokee removal, one must first comprehend the extraordinary transformation that Cherokee Society underwent in the late 18th and early 19th centuries. This transformation was not accidental but represented a deliberate, systematic effort by Cherokee leaders to adopt European customs and institutions as a strategy for survival in an increasingly hostile American political environment.
Starting point is 00:05:36 The Cherokee nation of 1800 bore little resemblance to the Cherokee Society that had first encountered European traders in the 1600s. Following devastating population losses from disease and warfare, the Cherokee population had fallen from an estimated 32,000 in 1650 to perhaps 12,000 by 1800. Cherokee leaders recognized that their traditional way of life could not continue unchanged if their people were to survive. The catalyst for this transformation was a Cherokee named Sequoia, whose English name was George Gist. Born around 1770, Sequoia grew up in a world where Cherokee oral traditions remained strong, but where increasing contact with European Americans made literacy a crucial skill for political and economic survival. Unlike many indigenous language preservation efforts that relied on European alphabets, Sequoia developed something revolutionary,
Starting point is 00:06:33 a Cherokee syllabary that represented the sounds of the Cherokee language through 85 distinct characters. Working for over a decade, often in secret, as many Cherokee viewed his efforts with suspicion, Sequoia completed his syllabary around 1821. The impact was immediate and extraordinary. Within months, thousands of Cherokee learned to read and write in their own language. Cherokee literacy rates soared to levels that exceeded those of their white neighbors. More importantly, the syllabary gave the Cherokee the ability to create their own written laws, maintain official records, and publish their own newspaper.
Starting point is 00:07:12 The Cherokee Phoenix established in 1828 under the editorship of Elias Boudinot, a Cherokee who had taken the name of a prominent American philanthropist, became the first Native American newspaper published in the United States. Printed in both English and Cherokee, the Phoenix served multiple purposes. It informed Cherokee citizens about tribal affairs. It presented Cherokee perspectives to white audiences, and it demonstrated Cherokee literacy and sophistication to skeptical American politicians. But the Cherokee transformation extended far beyond literacy.
Starting point is 00:07:47 Under the leadership of figures like John Ross, Major Ridge, and his son John Ridge, the Cherokee systematically adopted European-style political institutions. In 1827, they ratified a written constitution modeled closely on the U.S. Constitution, establishing a Cherokee nation with executive legislative and judicial branches. They created a capital at New Dakota, complete with a two-story capital building where a Cherokee legislature met in regular session. The Cherokee legal system evolved to incorporate European concepts of property ownership and criminal justice while maintaining Cherokee customs where possible. They established a Cherokee court system with Cherokee judges who applied Cherokee law. They developed a Cherokee police force called the Cherokee Light Horse, which maintained order throughout Cherokee territory.
Starting point is 00:08:40 Perhaps most remarkably, the Cherokee demonstrated their adoption of European economic systems through their embrace, of plantation agriculture. Cherokee planners like Joseph Van, James Van, and John Ross, accumulated vast estates worked by enslaved African Americans. The Cherokee nation as a whole held approximately 4,000 enslaved people by 1835, making them significant stakeholders in the American slave economy. This adoption of slavery was both a strategic choice and a moral compromise that would have lasting consequences for Cherokee society. Cherokee leaders recognized that slaveholding gave them common economic interests with powerful white southerners, potentially creating political allies in their struggle to maintain their territorial sovereignty.
Starting point is 00:09:29 At the same time, Cherokee slavery differed somewhat from European-American practices. Cherokee law recognized the children of Cherokee men and enslaved women as Cherokee citizens, and some enslaved people achieved positions of considerable responsibility within Cherokee society. The Cherokee also embraced European educational institutions with remarkable enthusiasm. They established numerous schools throughout their territory, including the Cherokee Female Seminary and Cherokee Male Seminary, institutions that provided education equivalent to the best academies in the United States. Cherokee students studied Latin, Greek, mathematics, natural philosophy, and European literature alongside Cherokee history and traditions. Many prominent Cherokee families sent their children to schools in the Northeast,
Starting point is 00:10:19 where they received classical educations at institutions like Andover Academy and Cornwall Foreign Mission School. These Cherokee students often excelled academically, challenging European-American assumptions about indigenous intellectual capacity. Elias Boudinot, for instance, was valedictorian of his class at Cornwall, while John Ridge married Sarah Bird Northrop, a white woman from a prominent Connecticut family. scandalizing white society, but demonstrating Cherokee social mobility. Cherokee religious practices also adapted to incorporate Christian elements while maintaining traditional spiritual beliefs.
Starting point is 00:10:58 Many Cherokee converted to Christianity, particularly to Presbyterian and Methodist denominations, while others developed syncretic practices that combined Christian and Cherokee elements. Cherokee Christians built churches throughout their territory and developed a Cherokee Christian literature, including translations of the Bible and hymns into Cherokee using Sequoia's syllabary. By 1830, the Cherokee Nation had accomplished something unprecedented in the history of European indigenous relations in North America. They had successfully adapted European institutions and customs while maintaining their political sovereignty and cultural identity. Cherokee territory contained over 100 grist mills and sawmills, 1300 spinning wheels,
Starting point is 00:11:43 2,500 looms, 172 wagons, almost 8,000 horses, 22,000 cattle, 46,000 swine, and 2,500 sheep. Cherokee farmers grew cotton, corn, wheat, and tobacco using European agricultural techniques. Cherokee merchants operated stores and trading posts throughout their territory. The Cherokee had, in essence, accomplished exactly what American policymakers claimed they wanted indigenous peoples to do. They had civilized themselves according to European standards. They had demonstrated that indigenous peoples could successfully adopt European customs without surrendering their identity as distinct peoples. They had proven that cultural adaptation and political sovereignty were compatible.
Starting point is 00:12:32 Yet this very success would prove to be their undoing. For the Cherokee transformation revealed a fundamental contradiction in American Indian policy that American leaders were unwilling to acknowledge. The demand that indigenous peoples civilized themselves was never really about civilization at all. It was about elimination. When indigenous peoples failed to adopt European customs, Americans could justify their dispossession as the inevitable result of their savagery. But when indigenous people successfully adopted European customs, while maintaining their political independence, they presented an even greater threat to American territorial ambitions.
Starting point is 00:13:11 The Cherokee had called America's bluff. They had proven that indigenous peoples could be both civilized and sovereign, and for that success, they would pay the ultimate price. The election of Andrew Jackson to the presidency in 1828 marked a decisive turning point in Cherokee history, though few could have predicted the devastating consequences that would follow. Jackson's ascension to power represented more than just a change in political leadership. It embodied a fundamental shift in American attitudes toward indigenous peoples and the role of federal power in Indian affairs.
Starting point is 00:13:48 Jackson's personal history with Native Americans was both extensive and brutal. As a young man on the Tennessee frontier, he had witnessed firsthand the violence of European indigenous conflict. His parents and two brothers died during the Revolutionary War, losses he attributed partly to British allied indigenous raids. As a military commander, Jackson had built his reputation on victories against Native American forces. Most notably, his defeat of the Creek Nation at the Battle of Horseshoe Bend in 1814,
Starting point is 00:14:19 and his controversial victory over the British and their indigenous allies at the Battle of New Orleans in 1815. But Jackson's antipathy toward Native Americans went beyond personal experience to encompass a coherent worldview about race, civilization, and American destiny. In Jackson's view, the continent was destined to be popular. by white Americans engaged in agricultural and commercial pursuits. Indigenous peoples represented an obstacle to this destiny, not because they were inherently inferior, but because their separate political existence was incompatible with American sovereignty.
Starting point is 00:14:55 This worldview was not unique to Jackson, but reflected broader currents in American political thought during the early 19th century. The concept of manifest destiny, though not yet formally articulated, was already shaping American policy. Americans increasingly viewed continental expansion not as conquest, but as the natural unfolding of democratic institutions across North America. Indigenous nations, regardless of their degree of civilization,
Starting point is 00:15:24 represented foreign powers within American territory, a situation that Americans found increasingly intolerable. Jackson's presidential campaign had explicitly promised to resolve the Indian question through removal. Speaking to audiences throughout the South and West, Jackson argued that indigenous nations could not be permitted to exist as separate political entities within state boundaries. This position resonated strongly with white voters in Georgia, Alabama, Mississippi, and Tennessee, states that contained substantial indigenous territory and growing white populations eager for land. The Cherokee, however, presented Jackson with a unique challenge. Unlike other indigenous groups that Americans could characterize as savage or uncivilized,
Starting point is 00:16:11 the Cherokee had spent decades adopting European customs and institutions. They had a written constitution, a Republican government, a free press, schools, churches, and an economy based on agriculture and commerce. Many Cherokee had intermarried with Europeans and African Americans, creating a complex multicultural society that defied simple racial categorization. Moreover, the Cherokee had powerful allies among American political and religious elites. The Cherokee lobby, as it came to be known, included prominent politicians like Henry Clay and Daniel Webster, influential newspaper editors, and leaders of major Protestant denominations.
Starting point is 00:16:53 These allies viewed the Cherokee as proof that indigenous peoples could successfully civilize themselves and argued that Cherokee removal would violate both Christian morality and American legal principles. The Cherokee also possessed something that other indigenous groups lacked, sophisticated legal representation, and a deep understanding of American political institutions. Cherokee leaders like John Ross had studied American law and politics intensively. They understood that their survival depended not on military resistance. The Cherokee nation could never defeat the United States in armed conflict, but on legal and political maneuvering within American institutions.
Starting point is 00:17:32 The Cherokee legal strategy rested on several key arguments. First, they claimed that treaties signed between the Cherokee nation and the United States established the Cherokee as a sovereign nation with rights recognized under international law. Second, they argued that the Constitution granted the federal government, not individual states, authority over relations with indigenous nations. Third, they contended that Cherokee adoption of European customs and institutions demonstrated their capacity for self-government and their right to continued sovereignty. These arguments put Jackson in a difficult position.
Starting point is 00:18:11 The Cherokee legal claims were strong, supported by decades of treaty-making and Supreme Court precedent. Cherokee civilization made it impossible to justify removal on grounds of savagery, and the Cherokee political sophistication meant that they could present their case effectively in American courts, newspapers, and legislative halls. Jackson's response was to fundamentally reframe the debate. Rather than arguing that the Cherokee were savage or uncivilized, Jackson claimed that their continued existence as a separate nation was impossible within the American federal system. In his first annual message to Congress in December 1829, Jackson argued that indigenous nations could not be permitted to exist as independent sovereigns within state boundaries, because,
Starting point is 00:18:58 because such arrangements violated state sovereignty and American territorial integrity. Jackson's argument was both legally innovative and politically shrewd. By focusing on questions of sovereignty rather than civilization, Jackson avoided the embarrassing necessity of explaining why the Cherokee, who had clearly adopted European customs, should still be removed. By emphasizing state rights and federal authority, Jackson appealed to constitutional principles that resonated with many Americans who might otherwise oppose Cherokee removal. Jackson also skillfully manipulated public opinion through his control of
Starting point is 00:19:35 federal patronage and his alliance with sympathetic newspaper editors. The Jackson administration used federal jobs and contracts to reward supporters and punish opponents of removal. Jackson allied newspapers portrayed Cherokee leaders as obstacles to democratic progress and Cherokee sovereignty as an illegitimate foreign presence within American territory. Perhaps most important, Importantly, Jackson refused to enforce federal law when it conflicted with his removal agenda. When Georgia passed laws extending state jurisdiction over Cherokee territory, laws that clearly violated federal treaties and constitutional principles, Jackson declined to intervene.
Starting point is 00:20:15 Stay tuned for more disturbing history. We'll be back after these messages. When gold was discovered on Cherokee land in 1829, leading to a massive influx of white miners and prospectors, Jackson allowed Georgia to regulate the gold fields rather than enforcing Cherokee sovereignty. This pattern of non-enforcement sent a clear message to Cherokee leaders. They could not rely on American legal institutions to protect their rights. Even if Cherokee won cases in federal courts, as they eventually would,
Starting point is 00:20:51 Jackson's administration would not enforce favorable decisions. Cherokee sovereignty existed only at the pleasure of the federal executive, and Jackson had made clear, that his pleasure was removal. The Cherokee faced an impossible choice. They could accept removal and hope to rebuild their nation west of the Mississippi River, or they could resist removal and face the likelihood
Starting point is 00:21:13 of violent dispossession by Georgia officials and white settlers. Cherokee leaders like John Ross believed that continued legal resistance might eventually force Jackson to respect Cherokee rights, while others like Major Ridge and Elias Boudigno concluded that removal was inevitable and that the Cherokee should negotiate the best possible terms for their departure. This division within Cherokee leadership would prove devastating.
Starting point is 00:21:39 As Jackson's removal policy became clear, Cherokee Society began to fracture along lines that reflected different assessments of Cherokee options and different visions of Cherokee survival. The unity that had enabled Cherokee transformation now threatened to become Cherokee destruction. Jackson, meanwhile, prepared to escalate his pressure on the Cherokee through congressional legislation that would provide federal resources for removal
Starting point is 00:22:04 while maintaining the fiction that Cherokee departure was voluntary. The Indian Removal Act introduced in Congress in early 1830 would provide Jackson with the tools he needed to complete Cherokee elimination while avoiding the political costs of openly acknowledging that removal was forced. The stage was set for a confrontation that would test the limits of American democracy, the meaning of American law, and the survival of the Cherokee nation. The Cherokee response to Jackson's removal pressure was characteristically sophisticated. They decided to fight removal in American courts using American law. This strategy reflected both Cherokee confidence in their legal position
Starting point is 00:22:45 and their faith that American institutions would ultimately respect legal principles over political expediency. It was a faith that would be dramatically betrayed, but not before the Cherokee achieved. one of the most significant legal victories in the history of American Indian law. The Cherokee legal campaign began in earnest after Georgia passed a series of laws in 1829 and 1830 that purported to extend state jurisdiction over Cherokee territory. These laws were clearly designed to force Cherokee removal by making life in their ancestral territory impossible. Georgia law declared Cherokee government illegitimate,
Starting point is 00:23:23 Cherokee lands subject to state control, and Cherokee people. people subject to Georgia courts. The laws prohibited Cherokee from mining gold on their own territory, banned Cherokee from testifying against white people in Georgia courts, and required white people living in Cherokee territory to obtain licenses from Georgia officials. These laws presented the Cherokee with a perfect test case for challenging removal in federal courts. The laws clearly violated treaties between the Cherokee nation and the United States that
Starting point is 00:23:54 recognized Cherokee sovereignty. They also appeared to violate the Constitution's Commerce Clause, which granted Congress exclusive authority over relations with indigenous nations. If the Cherokee could convince federal courts to strike down Georgia's laws, they might establish legal precedents that would protect not only Cherokee sovereignty, but indigenous rights throughout the United States. The Cherokee hired some of the most talented lawyers in America to represent them, including William Wirt, who had served as Attorney General under President's Monroe.
Starting point is 00:24:26 Roe and John Quincy Adams. Wirt was not only an accomplished legal advocate, but also a political figure with national prominence and strong connections to Cherokee allies in Congress and the press. The Cherokee legal strategy faced a crucial obstacle. Federal courts could only hear cases involving disputes between states or between citizens of different states. As an indigenous nation, the Cherokee were not citizens of any state, raising questions about whether federal courts had jurisdiction to hear Cherokee legal claims. Wirt addressed this problem by crafting arguments that characterize the Cherokee Nation as a foreign nation with rights under international law and treaties with the United States. In Cherokee Nation v. Georgia, 1831, the Cherokee
Starting point is 00:25:14 asked the Supreme Court to issue an injunction preventing Georgia from enforcing its laws in Cherokee territory. The case attracted enormous national attention and was widely viewed as a test of American commitment to legal principles versus political expediency. Chief Justice John Marshall's decision was both a victory and a defeat for Cherokee legal strategy. Marshall ruled that federal courts lacked jurisdiction to hear the case because the Cherokee nation was neither a foreign nation nor a state, but rather a domestic dependent nation with a relationship to the United States that resembles that of a ward to his guardian. This language was deeply problematic for Cherokee's society.
Starting point is 00:25:55 sovereignty claims, as it suggested that the Cherokee were not fully sovereign, but rather dependent on federal protection. However, Marshall also used the decision to articulate strong protections for Cherokee rights. He acknowledged that the Cherokee possessed legitimate claims to their territory and that their relationship with the United States was governed by treaties that should be respected. He also suggested that federal courts might have jurisdiction to hear challenges to state interference with Cherokee rights if such cases could be framed differently. Marshall's decision provided a roadmap for Cherokee legal advocates.
Starting point is 00:26:32 They needed to find a case that would allow federal courts to address Cherokee rights without directly ruling on Cherokee sovereignty. The opportunity came through the case of Samuel Worcester, a white missionary who had been arrested by Georgia officials for living in Cherokee territory without a state license. Worcester was a Presbyterian minister, who had lived among the Cherokee for several years, learning the Cherokee language and helping to translate religious texts
Starting point is 00:26:58 using Sequoia's syllabary. He was also a strong supporter of Cherokee rights who had written extensively about Cherokee civilization and the injustice of removal. When Georgia officials arrested Worcester for violating state licensing laws, Cherokee leaders recognized that his case could provide the jurisdiction that federal courts needed to address Cherokee rights.
Starting point is 00:27:21 Worcester v. George's. Georgia became one of the most important Supreme Court cases in American history. Worcester's lawyers, including William Wirt, argued that Georgia lacked authority to regulate activities in Cherokee territory because Cherokee sovereignty was protected by federal treaties and the Constitution's Commerce Clause. They contended that Cherokee territory was outside Georgia's jurisdiction and that only federal law applied within Cherokee boundaries. Georgia's response was to boycott the Supreme Court proceedings entirely.
Starting point is 00:27:52 Georgia officials refused to appear before the court, refused to submit legal briefs, and announced that they would not recognize any Supreme Court decision that limited Georgia's authority over Cherokee territory. This unprecedented challenge to federal judicial authority put the Supreme Court in an extremely difficult position. Chief Justice Marshall responded with one of the most powerful decisions in Supreme Court history. In Worcester v. Georgia, 1832, Marshall ruled decisively in favor of of Cherokee sovereignty. He declared that Cherokee territory was outside Georgia's jurisdiction, that Georgia laws could not be enforced in Cherokee territory, and that Worcester's arrest was illegal. Marshall's decision provided sweeping protections for Cherokee rights and established legal
Starting point is 00:28:39 principles that would shape American Indian law for generations. Marshall's opinion was a masterpiece of legal reasoning that demolished the arguments for Cherokee removal. He traced the history of European indigenous relations from first contact through the American Revolution, demonstrating that European powers had consistently recognized indigenous nations as sovereign entities with territorial rights. He showed that the United States had inherited these legal principles and had reaffirmed them through dozens of treaties with indigenous nations.
Starting point is 00:29:12 Marshall also addressed directly the argument that Cherokee civilization was irrelevant to their political rights. He noted that the Cherokee had adopted European customs and institutions more successfully than most other indigenous groups. But he argued that their degree of civilization was irrelevant to their legal rights. Indigenous sovereignty rested on territorial occupation and treaty recognition, not on European assessments of cultural development. Perhaps most importantly, Marshall's decision established the principle that state governments
Starting point is 00:29:45 could not unilaterally extend their jurisdiction over indigenous territory. Federal authority over indigenous relations was exclusive and could not be superseded by state action. This principle had enormous implications not only for the Cherokee, but for indigenous peoples throughout the United States. The Cherokee had won the most important legal victory in the history of American Indian law. The Supreme Court had vindicated their sovereignty, struck down Georgia's laws, and established legal principles that protected indigenous rights throughout the United States. Cherokee celebrations were jubilant, and Cherokee allies throughout the country viewed the decision as proof that American legal institutions could triumph over political pressure. Yet the celebration was premature. President Jackson's response to the Worcester decision revealed the fundamental weakness in Cherokee legal strategy. Supreme Court decisions were meaningless if the executive branch refused to enforce them.
Starting point is 00:30:45 Jackson allegedly responded to Marshall's decision by saying, John Marshall has made his decision. Now let him enforce it. Whether Jackson actually spoke these words is disputed by historians, but his actions made his position clear. The Jackson administration took no steps to enforce the Worcester decision. Federal officials did not intervene when Georgia continued to enforce its laws in Cherokee territory. Worcester remained in prison until he agreed to seek a pardon from Georgia officials. Cherokee sovereignty remained unprotected despite Cherokee. legal victory. Jackson's refusal to enforce the Worcester decision represented a constitutional
Starting point is 00:31:24 crisis of the first order. The Supreme Court had ruled that federal treaties and constitutional principles protected Cherokee rights, but the president refused to uphold federal law. The separation of powers that was supposed to protect minority rights from majoritarian tyranny had failed completely. Cherokee leaders found themselves in an impossible position. They had won the legal argument, but lost the political battle. American law protected their rights, but American power ignored American law. Cherokee sovereignty existed on paper, but not in practice. The failure of American justice in the Worcester case sent a clear message to Cherokee leaders.
Starting point is 00:32:04 They could not rely on American institutions to protect Cherokee rights. Legal victories were meaningless if political authorities refused to respect legal principles. Cherokee survival would depend not on American law but on Cherokee ability to navigate American power. This realization would split Cherokee leadership and Cherokee society in ways that would have devastating consequences. Some Cherokee leaders concluded that continued resistance was futile and that survival required negotiating the best possible terms for removal. Others believed that legal victory in Worcester provided grounds for continued resistance, and that Jackson's position. would eventually become politically unsustainable. The debate over Cherokee response to the Worcester decision would lead to civil war
Starting point is 00:32:51 within Cherokee society, assassination of Cherokee leaders, and ultimately to Cherokee removal under the worst possible circumstances. The Supreme Court had vindicated Cherokee rights, but American democracy had failed the ultimate test of its commitment to legal principles over political expediency. The Cherokee nation's legal victory in Worcester v. Georgia should have been a moment of unity and celebration. Instead, it became the catalyst for a devastating civil war within Cherokee society that would ultimately facilitate the very removal that Cherokee legal strategy was designed to prevent. The division emerged from
Starting point is 00:33:29 fundamentally different assessments of Cherokee options and different visions of how Cherokee society could survive American territorial expansion. Principal Chief John Ross, who had led the Cherokee Nation through the transformation from oral to literate culture and from traditional to constitutional government, remained convinced that continued resistance could eventually force the United States to respect Cherokee sovereignty. Ross believed that Jackson's refusal to enforce the Worcester decision was politically unsustainable and that growing opposition to removal among American voters would eventually compel respect for Cherokee rights. Ross's position was not simply based on naive faith in American institutions.
Starting point is 00:34:13 Cherokee legal victories had generated enormous sympathy for Cherokee rights among American voters, particularly in the Northeast. Anti-removal petitions flooded Congress with hundreds of thousands of signatures. Prominent American politicians like Henry Clay and Daniel Webster continued to support Cherokee rights. Major Protestant denominations passed resolutions condemning removal as contrary to Christian principles. Moreover, Ross understood that Cherokee removal would set precedence that would threaten
Starting point is 00:34:43 other indigenous nations throughout the United States. If the federal government could remove the Cherokee despite their civilization, their legal victories, and their constitutional government, no indigenous nation would be safe from American territorial ambitions. Ross believed that continued Cherokee resistance would eventually rally sufficient political opposition to force Jackson to respect Cherokee sovereignty. Other Cherokee leaders reached different conclusions about Cherokee options and Cherokee survival. Major Ridge, the Cherokee who had once been among the strongest advocates of Cherokee transformation and resistance,
Starting point is 00:35:20 concluded by 1832 that removal was inevitable and that Cherokee survival required negotiating the best possible terms for relocation west of the Mississippi River. Ridge's position was not based on cowardice or capitulation, but on his assessment of American power and Cherokee vulnerability. Ridge had lived through the devastating Cherokee population losses of the late 18th and early 19th centuries. He had seen entire Cherokee towns destroyed by American military expeditions. He understood that the United States possessed overwhelming military superiority, and that Cherokee territory was surrounded by hostile state governments that would eventually receive federal support for Cherokee dispossession.
Starting point is 00:36:05 Ridge also recognized that Jackson's refusal to enforce the Worcester decision, revealed the fundamental weakness of Cherokee legal strategy. American law might protect Cherokee rights, but American power could ignore American law with impunity. Cherokee sovereignty existed only as long as the federal government chose to respect it, and Jackson had made clear that federal respect for Cherokee sovereignty had ended. Perhaps most importantly, Ridge believed that delay would only worsen Cherokee removal terms. In 1832, the Cherokee nation still possessed significant.
Starting point is 00:36:38 significant resources and political leverage. Cherokee leaders could negotiate removal terms that would provide compensation for Cherokee property, federal protection during relocation, and guarantees of Cherokee sovereignty in Western territory. But if Cherokee resistance continued until the federal government decided to use military force, Cherokee removal would occur under the worst possible circumstances with minimal compensation and maximum suffering. Ridge's son John Ridge and nephew Elias Budenow, the editor of the Cherokee Phoenix,
Starting point is 00:37:13 reached similar conclusions through different reasoning. Both men had received classical educations in New England and had extensive contacts with American political and intellectual elites. They understood American politics and American public opinion perhaps better than any other Cherokee leaders. John Ridge and Budinot concluded that American support for Cherokee rights was broad but shallow. Americans sympathized with Cherokee suffering and admired Cherokee civilization, but they would not ultimately choose Cherokee sovereignty over American territorial expansion.
Starting point is 00:37:48 The same Americans who signed anti-removal petitions would eventually support removal if Cherokee resistance threatened American economic interests or political stability. Budino, whose position as Cherokee Phoenix editor, gave him unique insight into American public opinion, became convinced that continued Cherokee resistance would eventually generate American backlash that would make removal even more devastating. He argued that Cherokee leaders should negotiate removal while they still had leverage rather than wait until American patience was exhausted. The division between Ross and the Ridge faction reflected more than tactical disagreements about Cherokee strategy. It represented fundamentally different visions of Cherokee identity
Starting point is 00:38:30 and Cherokee survival. Ross believed that that Cherokee survival required maintaining Cherokee territorial sovereignty, regardless of the costs. The Cherokee nation had existed in its ancestral territory for thousands of years, and Ross could not envision Cherokee survival without Cherokee land. The Ridge faction, by contrast, believed that Cherokee survival required preserving Cherokee people and Cherokee institutions regardless of location. They argued that Cherokee civilization, Cherokee literacy, Cherokee government, Cherokee schools and churches could be transplanted to Western Territory
Starting point is 00:39:08 if Cherokee leaders negotiated removal carefully. Territory could be abandoned if necessary, but Cherokee people and Cherokee culture must be preserved. These different visions led to different assessments of the costs and benefits of continued resistance. Ross believed that Cherokee capitulation would destroy Cherokee sovereignty permanently and reduce the Cherokee to the status of dependent wards of the federal. government. The Ridge faction believed that continued resistance would lead to Cherokee
Starting point is 00:39:38 destruction through military conquest and forced removal under the worst possible circumstances. The debate within Cherokee leadership became increasingly bitter as Jackson's removal pressure intensified. Ross controlled the Cherokee government and commanded support from a majority of Cherokee people, but the Ridge faction held significant influence among wealthy Cherokee planners and Cherokee intellectuals. Both sides claim to represent authentic Cherokee interests, and both sides accused their opponents of betraying Cherokee people. Stay tuned for more disturbing history. We'll be back after these messages.
Starting point is 00:40:18 The situation deteriorated further when Bodineau resigned as editor of the Cherokee Phoenix in 1832, claiming that Ross was censoring his editorials and preventing him from presenting arguments for negotiated removal. Boudinot's resignation split the Cherokee intellectual leadership. and deprived the Cherokee nation of its most effective voice in American public debates. By 1833, Cherokee Society was approaching civil war. Ross supporters viewed the Ridge faction as traitors, who were preparing to sell Cherokee territory without Cherokee consent. Ridge supporters viewed Ross as a deluded leader whose stubborn resistance would lead to Cherokee destruction.
Starting point is 00:40:59 Both sides were arming their supporters and preparing for potential violence. The federal government exploited Cherokee. Cherokee divisions through a deliberate strategy of recognizing multiple Cherokee leaderships. Jackson administration officials refused to negotiate with Ross, claiming that his continued resistance made him an illegitimate representative of Cherokee interests. Instead, federal officials began meeting with Ridge faction leaders, suggesting that they might be recognized as the legitimate Cherokee government if they signed a removal treaty. This federal strategy violated long-established principles of American
Starting point is 00:41:36 Indian diplomacy, which had always recognized indigenous nations as unified political entities with single legitimate governments. By treating the Ridge Faction as an alternative Cherokee government, federal officials were deliberately encouraging Cherokee political division in order to facilitate Cherokee removal. The Cherokee Civil War reached its climax in late 1835, when Ridge Faction leaders signed the Treaty of New Akota, agreeing to Cherokee removal in exchange for five million compensation and federal guarantees of Cherokee sovereignty in Western Territory. The treaty was signed by fewer than 100 Cherokee out of a total Cherokee population of over 16,000, and it was explicitly repudiated by the Cherokee government and principal chief John Ross.
Starting point is 00:42:26 Under Cherokee law, the Treaty of New Akota was not only illegitimate, but treasonous. The Cherokee Constitution explicitly prohibited the session of Cherokee Territory. without approval of the Cherokee legislature, and Cherokee law prescribed the death penalty for unauthorized land sessions. Major Ridge, John Ridge, and Elias Boudinot had knowingly violated Cherokee law in the most serious possible way. Yet the federal government immediately ratified the Treaty of New Dakota and began preparations for Cherokee removal. Jackson administration officials claimed that the treaty was legitimate because it had been signed by recognized Cherokee leaders. ignoring the fact that these leaders had been repudiated by the Cherokee government and the Cherokee people.
Starting point is 00:43:12 The Treaty of New Akota represented the complete breakdown of American Indian diplomacy and American legal principles. The federal government had negotiated a treaty with an unauthorized minority faction, ratified the treaty despite its obvious illegitimacy, and prepared to enforce the treaty through military power. American treaty making, which had been based on negotiation between sovereign nations, had become a fiction that disguised American conquest. Cherokee society was now irreconcilably divided. Ross supporters prepared for continued resistance, believing that the Treaty of New Akota was so obviously illegitimate
Starting point is 00:43:50 that Congress would eventually reject it. Ridge faction supporters prepared for removal, believing that the treaty provided the best possible terms for Cherokee relocation, and that continued resistance would only lead to military conquest. Both sides were wrong. wrong. Congress ratified the Treaty of New Dakota by a single vote in the Senate, and the federal government began preparations for forced Cherokee removal. Cherokee resistance continued, but it was now hampered by Cherokee political division, and the federal government's ability to claim that
Starting point is 00:44:23 removal was authorized by a legitimate treaty. The Cherokee Civil War had accomplished exactly what Jackson's removal policy was designed to achieve. It had divided Cherokee society, undermine Cherokee political unity and provided federal officials with the legal fiction they needed to justify forced removal. Cherokee civilization, which had been the Cherokee nation's greatest strength, had become its greatest vulnerability. The spring of 1838 brought an eerie calm to Cherokee territory,
Starting point is 00:44:54 a deceptive tranquility that preceded one of the most systematic ethnic cleansing operations in American history. Despite the ratification of the Treaty of New Dakota three years early, the vast majority of Cherokee had refused to comply with its terms. Of the estimated 16,000 Cherokee living in their ancestral territory, fewer than 2,000 had voluntarily relocated to the West. The Cherokee government, led by Principal Chief John Ross, continued to function and to resist removal through legal and political channels.
Starting point is 00:45:26 President Martin Van Buren, who had succeeded Jackson in March 1837, inherited a removal policy that had stalled completely. The Cherokee had called Jackson's bluff. They would not remove voluntarily, regardless of treaties signed by unauthorized minorities or threats of military force. Van Buren faced a choice between abandoning Cherokee removal or escalating federal coercion to levels unprecedented in American Indian policy. Van Buren chose escalation. In April 1838, he authorized General Winfield Scott to use military force to compel Cherokee compliance with the military force to compel Cherokee compliance with the United States. of the Treaty of New Akota.
Starting point is 00:46:06 Scott was one of the most experienced military commanders in American history, a veteran of the War of 1812 and numerous conflicts with indigenous nations. His appointment signaled that the federal government was prepared to treat Cherokee resistance as military rebellion requiring military suppression. Scott's orders were explicit and comprehensive. He was to round up the entire Cherokee population, concentrate them in temporary stockades, stockades and prepare them for forced relocation to territory west of the Mississippi River.
Starting point is 00:46:38 Cherokee resistance was to be suppressed by whatever means necessary. Cherokee property was to be confiscated to help finance removal operations. Cherokee who attempted to flee were to be hunted down and captured. Scott understood the magnitude of his assignment. In a proclamation to Cherokee people dated May 10, 1838, he acknowledged that his orders would cause enormous suffering. but claimed that Cherokee resistance had made military action inevitable. The full moon of May is already on the wane, Scott wrote,
Starting point is 00:47:10 and before another shall have passed away, every Cherokee man, woman, and child, must be in motion to join their brethren in the far west. Scott's proclamation was both a final warning and a death sentence for Cherokee society. Cherokee families were given no time to prepare for removal, no opportunity to sell their property, and no choice about their participation. Cherokee would be collected like livestock and transported like cargo,
Starting point is 00:47:38 regardless of their age, health, or family circumstances. The military operation that followed was unprecedented in its scope and brutality. Scott commanded over 7,000 federal troops, Georgia militia, and volunteer forces, a larger army than the United States had deployed in most of its foreign wars. This massive force was deployed against a cherubilant. Cherokee population that included fewer than 1,000 men capable of military resistance and that had made no preparations for armed conflict. Cherokee Roundup operations began simultaneously throughout Cherokee territory on May 23rd, 1838. Soldiers surrounded Cherokee homes at dawn, giving
Starting point is 00:48:20 families minutes to gather their possessions before being marched to temporary stockades. Anyone who resisted were beaten or bayoneted. Any who attempted to flee were shot. Those who moved too slowly were driven forward at gunpoint. The accounts of the Roundup operations read like descriptions of military conquest, rather than law enforcement. Soldiers kicked down doors, ransacked homes, and seized property. Families were separated as individuals were loaded into wagons or forced to march on foot. Children were torn from their parents' arms.
Starting point is 00:48:54 The elderly and disabled were dragged from their beds. One woman interviewed years later, recalled the morning soldiers arrived at her family's farm. We were warned to get ready to leave. My father said we could take one load in the wagon. We had a good farm, a good house, and good furniture. We had to leave everything except what we could put in the wagon. When her family moved too slowly to satisfy the soldiers,
Starting point is 00:49:20 she remembered, the soldiers pushed us out at the point of bayonets. The systematic nature of dispossession was particularly devastating. families had spent decades accumulating property, according to European customs that American officials had encouraged them to adopt. Planters owned thousands of acres of cultivated land, substantial houses, livestock, and agricultural equipment. Merchants owned stores, warehouses, and trading inventories. Professionals owned books, instruments, and specialized tools. All of this property was confiscated without compensation. Livestock was seized to feed removal operations.
Starting point is 00:50:00 Houses were occupied by white settlers before families had even reached the stockades. Farms were divided among white speculators who had been waiting years for removal. Accumulated wealth representing generations of labor and investment was stolen in broad daylight by legal authority of the federal government. The human cost of round-up operations was immediate and devastating. Families were concentrated in hastily constructed, stockades that lacked adequate shelter, sanitation, food, or medical care. Hundreds were crowded into spaces designed for dozens. Children and elderly began dying within days of their arrival at the stockades.
Starting point is 00:50:40 Disease spread rapidly through the overcrowded stockades. Dysentery, measles, and whooping cough killed people faster than military authorities could count the dead. Families watched their children die from diseases that proper medical care could have prevented. Parents died leaving their children orphaned in military custody. The psychological trauma of dispossession was perhaps even more devastating than the physical suffering. Families had lived in their ancestral territory for thousands of years. Spiritual practices were tied to specific locations, sacred mountains, rivers and burial grounds that held profound religious significance.
Starting point is 00:51:19 Removal was not simply relocation, but spiritual destruction. Identity itself was tied to the territory. in ways that European Americans could not understand. Origin stories explained how the people had emerged from the earth in their ancestral territory. Seasonal ceremonies were tied to the agricultural cycle of the land. Clan relationships were maintained through connections to specific towns and territories. When families were torn from their ancestral territory, they lost not only their homes and property,
Starting point is 00:51:50 but their connection to spiritual and cultural traditions that had sustained society for millennia. Removal was cultural genocide as well as physical dispossession. The impact of round-up operations extended beyond families to the broader nation. Government institutions, which had functioned continuously for over a decade, collapsed overnight. Schools closed as teachers and students were rounded up and imprisoned. Businesses failed as owners and customers were dispersed. The Phoenix ceased publication as its printing press was confiscated and its staff imprisoned. Society, which had accomplished one of the most remarkable cultural transformations in human history, was systematically destroyed in a matter of weeks.
Starting point is 00:52:35 Civilization, which had been the pride of leaders and the admiration of American observers, proved powerless against American military force applied with systematic brutality. By late summer 1838, virtually the entire population had been rounded up and concentrated in military stockades. Territory, which had been home to a thriving indigenous nation just months earlier, stood empty except for white settlers moving into abandoned homes. The nation, which had existed as a political entity for thousands of years, had been eliminated by federal military action. The Cherokee people had learned the harsh truth about American democracy.
Starting point is 00:53:15 Legal rights existed only as long as the majority chose to respect them, and minority survival depended on majority tolerance. When American territorial ambitions conflicted with sovereignty, American power would always triumph over American law. Yet the ordeal was far from over. The round-up operations were merely the beginning of suffering. The forced march from their territory to Oklahoma, the journey that would become known as the Trail of Tears, would prove even more devastating than the military operations that preceded it.
Starting point is 00:53:48 As the leaves began their autumn transformation in October 1838, approximately Ultimately 13,000 Cherokee people found themselves imprisoned in military stockades throughout their former territory, awaiting forced transportation to land they had never seen, would never choose, and might never reach alive. The Trail of Tears was about to begin, not as a single journey but as a series of forced marches that would become synonymous with American betrayal of indigenous peoples. General Winfield Scott had originally planned to complete removal during the summer months when weather conditions would be most favorable for long-distance travel.
Starting point is 00:54:27 However, resistance to voluntary removal, combined with logistical challenges of transporting thousands of people across hundreds of miles of wilderness, had delayed removal operations until autumn. The delay would prove catastrophic for families already weakened by months of imprisonment in overcrowded unsanitary stockades. Scott's removal plan was militarily efficient but humanly disastrous. families would be organized into groups of approximately 1,000 people each and transported to Oklahoma under military escort.
Starting point is 00:55:01 Some groups would travel by steamboat along Tennessee and Arkansas rivers, while others would march overland along routes that had been scouted by federal agents. The entire operation was designed to minimize federal costs while maximizing transportation speed, with little consideration for welfare or survival. The first removal groups departed in June 1838 during the height of summer heat and drought. These early deportations were conducted entirely under federal management, with families loaded onto steamboats and flatboats for river transport or herded into wagons for overland travel. The results were immediately disastrous. Families traveling by river suffered from overcrowded boats, contaminated water supplies, and inadequate food provisions.
Starting point is 00:55:46 Steamboat operators hired by federal. federal contractors seeking maximum profits, packed passengers far beyond safe capacity limits. Children and elderly died from heat exhaustion, dehydration, and diseases that spread rapidly in the crowded conditions. Families traveling overland fared even worse. Federal contractors provided inadequate transportation, forcing families to walk hundreds of miles while carrying their few remaining possessions. Those who fell behind were abandoned by military escorts. Those who became too sick to travel, were left to die beside the trail. One federal agent describing the early removal operations admitted that the mortality has been very great and that families were dying
Starting point is 00:56:30 at an alarming rate. Another observer noted that burial grounds were being established every few miles along the removal routes as families buried their children, parents, and grandparents who had died during the forced march. The early removal operations revealed the fundamental brutality of federal removal policy. Families were being transported like livestock with minimal provisions for their health, safety, or survival. Federal officials responsible for removal operations
Starting point is 00:56:59 were primarily concerned with completing transportation contracts at the lowest possible cost, regardless of mortality rates. Principal Chief John Ross, who had been imprisoned with his people in the military stockades, recognized that continued federal management
Starting point is 00:57:15 of removal would result in massive days. In a desperate attempt to reduce suffering, Ross negotiated an agreement with General Scott that would allow tribal leaders to organize and conduct their own removal operations. Ross's proposal was both pragmatic and heartbreaking. He recognized that removal was now inevitable and that continued resistance would only increase suffering. By taking responsibility for removal operations, leaders could at least ensure that families received adequate food, medical care, and transportation. Removal would still be forced, but it might not be genocidal. Scott agreed to Ross's proposal, partly because federal removal operations had been so obviously disastrous, and partly because self-management would reduce federal costs and responsibilities. Beginning in August, 1838, leaders would organize their own people into removal groups,
Starting point is 00:58:09 provide their own transportation and supplies, and conduct their own forced march to Oklahoma. The decision to manage their own removal represented one of the most tragic leadership choices in human history. Leaders were being forced to organize the destruction of their own nation in order to minimize the suffering of their own people. They were compelled to become accomplices in their own dispossession in order to prevent their own genocide. Ross and other leaders approached their impossible task with characteristic organization and efficiency. They divided the population into 13 groups of a problem. approximately 1,000 people each, with leaders responsible for each group's organization, supplies, and transportation. They negotiated with federal officials for adequate food supplies,
Starting point is 00:58:57 medical provisions, and winter clothing. They hired tribal and white guides familiar with removal routes and established schedules that would allow families to travel at sustainable speeds. Most importantly, leaders tried to maintain social and cultural institutions during the forced march. Families were organized into groups that preserved clan relationships and community connections. Ministers conducted religious services at campsites. Teachers continued informal education for children. Leaders held council meetings to address problems and maintain governance even during forced relocation. The self-managed removal groups began departing the stockades in late August and early September 1838. Unlike the federal removal operations,
Starting point is 00:59:43 which had been characterized by chaos and brutality, the managed groups were organized with impressive efficiency and dignity. Families traveled with their own wagons and livestock when possible. Leaders ensured that adequate food and medical supplies were available. Stay tuned for more disturbing history. We'll be back after these messages. Groups moved at speeds that allowed elderly and disabled people to keep pace. Yet even self-managed removal could not overcome the fundamental brutality
Starting point is 01:00:15 brutality of forced relocation. Families were still being compelled to abandon their ancestral territory and march hundreds of miles to unfamiliar land. People were still dying from diseases, exposure, and the psychological trauma of dispossession. Children were still being orphaned and elderly were still dying far from their ancestral burial grounds. The weather turned particularly harsh during the autumn of 1838, bringing early snow and freezing temperatures, that made travel extremely difficult. Families found themselves marching through ice storms and blizzards while living in tents and makeshift shelters. Those who had survived the summer heat now faced winter cold that was equally deadly.
Starting point is 01:00:59 Food supplies, which had been adequate at the beginning of the journey, began running short as removal groups encountered delays caused by weather, river crossings, and logistical problems. Federal contractors who had agreed to provide supplies along removal routes frequently failed to deliver promised provisions. Families began suffering from malnutrition and starvation, even as they continued the forced march. Medical care always inadequate for the scale of health problems became virtually non-existent during the winter months. Families had no access to trained physicians, medical supplies, or hospital facilities. Those who became seriously ill had no choice but to continue traveling or be left behind to die. Families watched helplessly as their loved ones died
Starting point is 01:01:45 from diseases that could have been treated if proper medical care had been available. Families were not simply traveling to a new home. They were being forced to abandon everything that had given meaning to their lives. Spiritual traditions, social relationships, cultural practices, and political institutions were all being destroyed by forced relocation. Parents struggled to explain to their children why they were being forced to leave their homes, why soldiers were treating them like criminals, and why they might never see their ancestral territory again. Elderly faced the prospect of dying an alien territory,
Starting point is 01:02:22 far from the sacred sites where their ancestors were buried and where they had expected to be buried themselves. Leaders like John Ross carried additional burdens of responsibility and guilt. Ross knew that his decisions about removal routes, supply purchases, and group organization were matters of life and death for families. Every delay cost lives, every mistake increased suffering. Every compromise with federal officials represented another surrender of sovereignty. As removal groups struggled westward through the autumn and winter of 1838 to 1839, they left behind a trail of graves that would forever mark the roots they had traveled. Families buried their dead at river crossings, mountain passes, and campgrounds throughout Tennessee,
Starting point is 01:03:09 Kentucky, Illinois, Missouri, and Arkansas. Children who had been born in their territory died and were buried hundreds of miles from home. The Trail of Tears was not simply a journey from one place to another. It was the systematic destruction of a people, a culture, and a nation. Families who survived the forced march would reach Oklahoma forever changed by their experience of American betrayal and loss. They would carry the trauma of the Trail of Tears with them for the rest of their lives and pass it on to their children and grandchildren. Yet they had not yet reached their destination. The worst of their ordeal still lay ahead. The winter of 1838 to 1839 became known among the people as the long dying, a season of death that stretched across frozen rivers, snow-covered prairies,
Starting point is 01:03:59 and makeshift campsites where families struggled to survive conditions that tested the limits of human endurance. By November 1838, 13 removal groups were strung out across hundreds of miles of wilderness between their former territory and their designated destination in Oklahoma, moving slowly westward through increasingly hostile weather that transformed forced relocation into a death march. The groups traveling under their own management had initially made better progress than the federal removal operations, but early winter weather soon created challenges that organization could not overcome. Rivers that groups needed to cross became choked with ice, forcing delays of weeks while families camped in inadequate shelters waiting for safe passage.
Starting point is 01:04:45 Mountain passes that had been passable in autumn became blocked by snow, forcing groups to seek alternative routes that added hundreds of miles to their journey. The group led by leader Peter Hildebrand faced particularly devastating conditions when they reached the Mississippi River crossing at Cape Girardeau, Missouri, in early December 1838. The river was filled with ice flows that made steamboat crossing impossible. forcing approximately 1,000 people to establish a temporary camp while waiting for safer conditions. The delay lasted nearly a month during which families lived in tents and wagons in sub-freezing temperatures with inadequate food supplies and no medical care.
Starting point is 01:05:27 A missionary traveling with Hilda Brand's group, Daniel Boutrich, recorded daily observations of suffering that provide haunting documentation of mortality during the Trail of Tears. Butrick noted that people were dying at a rate of three to five per day, primarily children under five years old, and adults over 60. Death has come among us not as a single messenger, Boutrich wrote, but as a destroying angel that passes over our camp each night. Families in Hildebrand's group were forced to bury their dead and frozen ground that required hours of labor to excavate shallow graves.
Starting point is 01:06:04 Burial ceremonies which traditionally involved elaborate rituals connecting the deceased to spiritual traditions, were reduced to hurried services conducted in bitter cold with inadequate materials for proper grave preparation. Children died and were buried so far from their territory that their graves could never be visited by surviving family members. The situation was equally desperate for other removal groups struggling through the winter months. The group led by leader Elijah Hicks became stranded in southern Illinois when early snowstorms blocked their intended route. Hicks's group included over 800 people, many of whom were already weakened by months in military stockades and the hardships of forced travel. When winter weather
Starting point is 01:06:49 prevented further progress, families found themselves trapped in an area with inadequate shelter and rapidly diminishing food supplies. Hicks negotiated with local Illinois farmers and merchants for emergency food supplies, but prices for provisions had skyrocketed due to demand and winter scarcity. Families were forced to trade their few remaining possessions, jewelry, clothing, family heirlooms, and personal items that represented their only connections to their former lives for basic necessities like flour, cornmeal, and winter clothing. The economic exploitation of families during removal was systematic and ruthless. White merchants along removal routes recognized that families were desperate for food, medical supplies, and winter clothes.
Starting point is 01:07:36 and charged prices that were five to ten times normal rates. Those who had been wealthy planners and successful merchants in their former territory found themselves impoverished and dependent on the charity of strangers. Leader John Ross, traveling with one of the later removal groups, carried with him correspondence from families documenting the systematic theft of property during removal operations. Families reported that federal contractors had sold livestock and equipment that was supposed to be transported to Oklahoma. Those who had negotiated compensation for their confiscated property discovered that federal agents had embezzled removal funds. Those who had been promised federal assistance
Starting point is 01:08:17 during relocation found that assistance had been diverted to enrich removal contractors. The corruption of federal removal operations represented more than simple theft. It was a deliberate policy of impoverishment designed to ensure that families would arrive in Oklahoma without resources to rebuild their lives. Those who reached Oklahoma wealthy and well-supplied might have the resources to resist federal authority or return to their former territory. Those who arrived impoverished and broken would be dependent on federal assistance and more easily controlled. Medical care during removal was virtually non-existent, contributing to mortality rates that approached genocide. The diseases that killed people during removal were largely preventable with
Starting point is 01:09:03 proper medical care. Dysentery, which killed hundreds of children, could have been treated with clean water and basic sanitation. Pneumonia, which killed elderly and adults weakened by malnutrition, could have been treated with warm shelter and proper nutrition. Measles and whooping cough, which killed infants and children, could have been prevented with vaccination or treated with isolation and supportive care. Instead, families watched helplessly as their loved ones died from diseases that American medical knowledge could have prevented or treated. Parents buried children who died from dehydration caused by dysentery. Children watched their grandparents die from pneumonia caused by exposure to freezing temperatures.
Starting point is 01:09:46 Families experienced mortality rates that exceeded those of contemporary military campaigns or natural disasters. The psychological trauma of removal was compounded by the spiritual crisis created by separation from ancestral territory. Religious traditions were intimately connected to specific locations, sacred mountains, rivers, burial grounds, and ceremonial sites that held profound spiritual significance. Seasonal ceremonies were tied to the agricultural and hunting cycles of their territory.
Starting point is 01:10:19 Clan relationships were maintained through connections to specific towns and extended families. Families found themselves cut off from the spiritual resources that had sustained society, for thousands of years. Children born during removal would never see the sacred sites where the people had emerged from the earth. Adults would never again participate in seasonal ceremonies tied to ancestral territory. Elderly would die and be buried far from the sacred burial grounds where their ancestors rested. Leaders like John Ross carried additional burdens of spiritual and political responsibility. Ross understood that removal represented not only
Starting point is 01:10:57 the destruction of territory, but the potential destruction of identity as a distinct people. Language, culture, political institutions, and spiritual traditions all faced extinction if families could not maintain their connections to community and traditions during and after forced relocation. Ross worked desperately to maintain social and political institutions during removal operations. Leaders continued to hold council meetings at campsites. Ministers conducted religious services that combined Christian and traditional,
Starting point is 01:11:29 elements. Teachers provided informal education for children. Families maintained clan relationships and community connections despite the chaos of forced travel. Yet society was being fundamentally transformed by the trauma of removal. Children who survived the Trail of Tears would grow up with memories of military occupation, forced marches, and family deaths that would shape their understanding of identity and relationships with the United States. Adults would carry psychological scars that would affect political and social development for generations. The groups that began arriving in Oklahoma in early 1839 were not the same people who had been forced from their ancestral territory the previous year.
Starting point is 01:12:15 They were survivors of one of the most systematic ethnic cleansing operations in American history, traumatized by experiences that had tested the limits of human endurance and cultural resilience. Families had lost approximately 4,000 people. during removal operations, roughly one quarter of the population. Children had been orphaned, elderly had died far from home, and families had been permanently separated. Accumulated wealth, representing generations of labor and investment, had been stolen or destroyed. Political institutions had been disrupted, communities had been scattered, and connections to ancestral territory had been severed. Yet they had survived. Families had maintained their connections to each other,
Starting point is 01:12:59 and to cultural traditions despite systematic efforts to destroy society. Leaders had preserved political institutions despite military occupation and forced relocation. The people had demonstrated resilience and adaptability that would enable survival and eventual recovery. Arrival in Oklahoma marked the end of the Trail of Tears, but not the end of struggle. Families would face the enormous challenge of rebuilding society in unfamiliar territory, while coping with the trauma of removal and the ongoing hostility of the United States government. They would discover that survival was only the beginning of their ordeal. The groups that straggled into Oklahoma throughout the winter and spring of 1839
Starting point is 01:13:42 arrived not as triumphant migrants establishing a new homeland, but as traumatized refugees struggling to survive in territory that was both unfamiliar and unwelcoming. The land that the federal government had designated as the new nation was, markedly different from the lush mountains and fertile valleys that families had been forced to abandon and the challenges of establishing new communities in Oklahoma would test resilience in ways that even the Trail of Tears had not. Western Oklahoma in 1839 was primarily prairie and scrubland, vastly different from the forested mountains of ancestral territory.
Starting point is 01:14:20 The climate was harsher, with extreme temperature variations between summer and winter and frequent droughts that made agriculture difficult. The soil was less fertile than families had been accustomed to, requiring different farming techniques and crop varieties. The plant and animal life was unfamiliar, forcing families to learn new methods of hunting, gathering and herbal medicine. Most importantly, they were not the only indigenous people in Oklahoma. The federal government had been relocating eastern tribes to Oklahoma for over a decade, creating
Starting point is 01:14:53 a complex mosaic of displaced indigenous nations that were competing for limited resources and struggling to maintain their distinct identities. They found themselves neighbors to creeks, Choktaws, Chickasaws, and Seminoles, who had preceded them in forced relocation, as well as Western tribes like the Osage, who had been living in Oklahoma for generations. The relationships between these various indigenous groups were often tense and sometimes violent. Western tribes viewed eastern tribes as invaders who were competing for hunting grounds and agricultural land.
Starting point is 01:15:27 Eastern tribes that had arrived earlier viewed newer arrivals as threats to their own survival and recovery. Federal officials deliberately encouraged these intertribal conflicts as a strategy for preventing indigenous unity that might challenge American authority. Those who arrived in Oklahoma also faced immediate conflicts within their own community that reflected the divisions that had emerged during the removal crisis. Those who had been forced to migrate on the Trail of Tears, known as the Ross Party after Principal Chief John Ross, encountered approximately 6,000 people who had relocated to Oklahoma earlier, either voluntarily or as part of earlier removal operations. These old settlers, as they were known, had been living in Oklahoma for years and had
Starting point is 01:16:14 established their own political institutions, economic relationships, and community structures. They viewed the newly arrived people as unwelcome competitors who would strain Oklahoma's limited resources and potentially challenge old settler political authority. The newly arrived, meanwhile, viewed the old settlers as abandoners who had betrayed unity by leaving their ancestral territory before being forced to do so. Even more problematic were the relationships
Starting point is 01:16:42 between the newly arrived and the treaty party, those who had signed the unauthorized treaty of New Akota and had relocated to Oklahoma with federal protection and assistance. The treaty party members led by Major Ridge, John Ridge, and Elias Boudinot, had been living in Oklahoma since 1836 and had used their early arrival to establish favorable economic and political positions. The presence of treaty party members in Oklahoma created an impossible situation for political reconstruction. Under tribal law, Major Ridge, John Ridge, and Elias Boudinot had committed to the
Starting point is 01:17:18 treason by signing an unauthorized treaty seating territory. The traditional penalty for such treason was death, and many newly arrived people believe that tribal law should be enforced, regardless of the circumstances. The treaty party members, however, argued that their actions had been necessary to prevent even worse suffering, and that they should be forgiven in the interest of unity. They pointed out that their early arrival in Oklahoma had enabled them to establish farms, businesses and schools that could benefit all people. They also noted that continued divisions would only benefit federal officials
Starting point is 01:17:53 who sought to control tribal affairs. The conflict between factions was exacerbated by the devastating conditions that newly arrived families faced in Oklahoma. Families who had lost everything during forced removal arrived in Oklahoma with minimal possessions, inadequate shelter, and limited resources for establishing new farms and communities. Many families lived in temporary camps for months while trying to locate suitable land and construct permanent housing. The federal government which had promised to provide assistance for reconstruction in Oklahoma largely failed to fulfill its obligations.
Starting point is 01:18:30 Federal agents responsible for tribal affairs were frequently corrupt, incompetent, or simply absent. Promise supplies often failed to arrive or were diverted to enrich federal contractors. Federal funds designated for assistance. were embezzled or spent on unnecessary expenses. Families found themselves competing with each other and with other indigenous groups for basic necessities, like building materials, livestock, and agricultural supplies. Prices for essential goods were inflated by competition and scarcity,
Starting point is 01:19:02 forcing families to spend their limited resources on items that should have been provided by federal assistance programs. Medical care remained virtually non-existent, contributing to continued mortality even after the conclusion of forced removal. Families weakened by the Trail of Tears continued to die from diseases that proper medical care could have prevented or treated. Children orphaned during removal had no institutional support and often became dependent on families who were themselves struggling to survive. The psychological trauma of removal continued to affect individuals and families long after their arrival in Oklahoma. Children who had witnessed the destruction of their former communities and the deaths of family members during forced removal exhibited symptoms that would now be recognized as post-traumatic stress disorder.
Starting point is 01:19:52 Adults struggled with depression, anxiety, and survivor guilt that affected their ability to establish new communities and rebuild their lives. Stay tuned for more disturbing history. We'll be back after these messages. Spiritual practices which had been disrupted by separation from ancestral territory, faced additional challenges in Oklahoma. Sacred sites that had been central to religious ceremonies were hundreds of miles away and could never again be visited.
Starting point is 01:20:24 Seasonal ceremonies that had been tied to the agricultural and hunting cycles of ancestral territory had to be adapted to Oklahoma's different climate and ecosystem. Political institutions which had been the pride of civilization and the foundation of resistance to removal faced the enormous challenge of reconstruction under conditions of extreme adversity. Principal Chief John Ross, who had led resistance throughout the removal crisis,
Starting point is 01:20:49 arrived in Oklahoma with his authority challenged by old settlers and treaty party members who had established their own political structures. The question of political unity was not simply a matter of internal concern. It had enormous implications for survival and recovery. Federal officials were eager to exploit divisions to reduce political independence and increase federal control over tribal affairs. If factions could not reconcile their differences and establish unified political institutions,
Starting point is 01:21:20 the nation would remain vulnerable to federal manipulation and control. Ross recognized that political reconstruction was essential for survival, but he also understood that reconciliation with treaty party members would be extremely difficult given the depth of anger over the unauthorized treaty signing. Tribal law clearly prescribed death penalties for unauthorized land sessions, and many people believe that failure to enforce the law would destroy legal and political institutions. The conflict reached a crisis point on June 22, 1839, when traditionalists assassinated Major Ridge, John Ridge, and Elias Boudinot, in coordinated attacks that were clearly designed to enforce tribal law against treaty signers. The assassinations were carried out by those who believe that,
Starting point is 01:22:07 legal institutions required enforcement, regardless of political consequences. The assassination solved nothing and created new problems for political reconstruction. Treaty party members who had been willing to consider reconciliation with Ross Party members now viewed them as murderers who could not be trusted. Old settlers, who had been neutral and factional conflicts, now feared that traditionalists might target anyone who challenge their authority. Federal officials immediately exploited the assassin. assassinations to justify increased federal intervention in tribal affairs. They claimed that the people were incapable of self-government and required federal supervision to prevent further violence.
Starting point is 01:22:48 They used political divisions to argue that sovereignty should be limited and that federal authority should be expanded. The people faced a terrible choice. They could continue their factional conflicts and risk federal intervention that would destroy sovereignty, or they could find ways to reconcile their differences despite the trauma of removal and the assassinations that had followed. Survival as a distinct people depended on their ability to rebuild unity and political institutions under the most difficult circumstances imaginable. They would spend the next decade struggling to overcome the divisions created by removal policy
Starting point is 01:23:25 and to rebuild society in Oklahoma. Their success would demonstrate the remarkable resilience of culture and political institutions. But their struggle would also reveal the lasting damage that America removal policy had inflicted on society and the ongoing challenges that the people would face in their efforts to maintain their distinct identity within the American political system. Those who gathered for their first unified council meeting in Talaqua, Oklahoma, in September 1839, represented both the triumph and the tragedy of indigenous survival in America. Fewer than 14,000 remained from a population that had numbered over 16,000 before removal began.
Starting point is 01:24:06 Every family had lost relatives during the Trail of Tears. Every community had been disrupted by forced relocation. Every individual carried psychological scars that would affect society for generations. Yet they had survived the most systematic effort at cultural destruction in American history. Their language continued to be spoken in homes and communities. Political institutions continued to function despite military occupation and forced relocation. Cultural traditions continued to provide meaning and identity for individuals, despite separation from ancestral territory. The Cherokee people continued to exist as a distinct nation, despite American efforts to eliminate sovereignty.
Starting point is 01:24:50 The legacy of the Trail of Tears extends far beyond their history to encompass fundamental questions about American democracy, American law, and American identity. The removal crisis revealed that American legal institutions could not protect minority, rights when majority opinion supported minority destruction. American law protected sovereignty, but American power ignored American law when rights conflicted with American interests. The Trail of Tears also revealed the costs of American territorial expansion for indigenous peoples throughout North America.
Starting point is 01:25:25 Removal established precedents and procedures that would be used against indigenous nations throughout the American West. The systematic nature of dispossession, the legal manipulation, the legal manipulation, the military occupation, the economic exploitation, and the cultural destruction, became a template for American conquest that would be repeated dozens of times over the following decades. Perhaps most importantly, the Trail of Tears demonstrated both the possibilities and the limitations of indigenous adaptation to European colonization. The people had accomplished remarkable cultural transformation,
Starting point is 01:26:01 adopting European institutions and customs while maintaining identity, and sovereignty. Yet this adaptation had not protected them from American territorial ambitions. Civilization had not guaranteed survival. The experience suggested that indigenous survival in America would depend not on cultural adaptation, but on indigenous ability to maintain political unity and cultural identity, despite systematic American efforts to destroy both. Indigenous peoples who survived American expansion would be those who could maintain their distinctiveness, while adapting to American power, not those who abandoned their distinctiveness in hopes of American acceptance. Those who rebuilt their nation in Oklahoma understood these lessons and applied them
Starting point is 01:26:46 in ways that enabled survival and eventual recovery. They maintained their language and cultural traditions while adopting American economic and educational institutions. They preserved political sovereignty while operating within the American federal system. They remembered their history and identity while building futures. The Phoenix resumed publication in Oklahoma, continuing its role as a voice for perspectives and rights. Schools reopened, providing children with education that combined cultural knowledge with American academic skills. Churches flourished, developing religious practices that combined Christian and traditional elements. Businesses prospered, generating wealth that supported communities and institutions. Most
Starting point is 01:27:32 importantly, political institutions recovered from the trauma of removal and the divisions that had nearly destroyed unity. The Constitution was revised to address the challenges of governing in Oklahoma while maintaining sovereignty. Courts resumed operation, applying tribal law to citizens. Democracy continued to function, with voters electing leaders who represented their interests. Recovery in Oklahoma was not complete or immediate. Cherokee Society continued to struggle with the psychological trauma of removal, the economic disruption of forced relocation, and the political challenges of operating within the American federal system. Families continued to mourn relatives lost during the Trail of Tears.
Starting point is 01:28:16 Communities continued to miss the sacred sites and ancestral territories that had been central to identity. Yet recovery was real and substantial. By the 1850s, the nation in Oklahoma had achieved population growth that reversed the losses of the Trail of Tears. Economic development had created prosperity that exceeded pre-removal levels. Educational institutions had produced a generation of leaders who combined cultural knowledge with American political skills. They had demonstrated that indigenous nations could survive even the most systematic efforts at cultural destruction.
Starting point is 01:28:52 The experience during and after the Trail of Tears offers lessons that remain relevant for understanding indigenous rights, minority protection, and democratic institutions in contemporary America. The people proved that indigenous peoples could maintain distinct political and cultural identities while participating successfully in American economic and educational institutions. They demonstrated that cultural diversity and national unity were compatible, and that indigenous sovereignty could coexist with American federalism. They also proved that American democracy requires, protection for minority rights and minority survival.
Starting point is 01:29:31 When American majority opinion supported their destruction, American democratic institutions failed to protect their rights, despite legal obligations to do so. Survival depended ultimately on resilience and unity, not on American law or American political institutions. The Trail of Tears remains one of the most shameful episodes in American history, a systematic ethnic cleansing operation that violated American legal principles, American moral values, and American democratic ideals.
Starting point is 01:30:03 The removal crisis revealed the gap between American promise and American practice, between American law and American power, between American ideals and American actions. Yet the response to the Trail of Tears also represents one of the most inspiring examples of human resilience and cultural survival in American history. Families who lost everything during forced removal found ways to rebuild their lives and their communities. Leaders who witnessed the destruction of society found ways to reconstruct political institutions. People who experienced systematic efforts at cultural elimination found ways to maintain identity and sovereignty. Those who survived the Trail of Tears and rebuilt the Cherokee Nation in Oklahoma left a legacy that continues
Starting point is 01:30:49 to inspire indigenous peoples throughout the world. They proved that cultural destruction was not inevitable, that indigenous adaptation was possible, and that indigenous survival depended on unity and determination to maintain distinct identities, despite systematic pressure for cultural assimilation. Today the Cherokee Nation is one of the largest and most successful indigenous nations in the United States, with over 300,000 citizens and a government that provides services, programs, and opportunities that support families and communities. Language immersion programs ensure that cultural knowledge continues to be transmitted to children. Businesses generate economic opportunities for citizens and surrounding communities.
Starting point is 01:31:34 Political institutions continue to evolve and adapt while maintaining sovereignty and identity. The Trail of Tears is remembered not only as a tragedy, but as a testament to strength, resilience, and survival. Families who lost everything during forced removal created institutions that continue to serve the people today. Leaders who witnessed society's near destruction built political institutions that continue to protect rights and sovereignty. The story continues today, not as a relic of the past, but as a living testament to the power of cultural persistence and political adaptation. The Trail of Tears did not end their history. It transformed it in ways that continue to shape identity and relationships with the United States. Every October families gather for memorial services that honor the thousands who,
Starting point is 01:32:25 who died during forced removal while celebrating the survival of those who endured. Children learn the names of ancestors who died on the Trail of Tears alongside the names of ancestors who survived to rebuild society. Communities maintain burial grounds for Trail of Tears victims, while building new institutions that serve contemporary needs. The National Holiday, held annually in Tolliqua, Oklahoma, draws tens of thousands of citizens and supporters who come to celebrate culture, achievement, achievements and survival.
Starting point is 01:32:57 Traditional foods are served alongside contemporary art and music. Elders share stories of history while youth demonstrate language skills and cultural knowledge. These celebrations are not exercises in nostalgia, but affirmations of continuity and adaptability. Those who gather for national holiday are not the same people who were forced from their ancestral territory in 1838, but they are recognizably themselves in ways that would be familiar to leaders, like John Ross and Sequoia. Their language continues to be spoken. Political institutions continue to function.
Starting point is 01:33:33 Cultural traditions continue to evolve while maintaining their essential character. The Trail of Tears serves as a reminder that indigenous survival in America has always required extraordinary courage, remarkable adaptability, and unwavering commitment to maintaining distinct identities
Starting point is 01:33:50 despite systematic pressure for cultural assimilation. Those who died during forced removal died as a people defending sovereignty. Those who survived forced removal lived as a people committed to continuity. Their legacy challenges all Americans to confront the gap between American ideals and American actions, between American law and American power, between American promise and American practice. The Trail of Tears was not an unfortunate accident of American expansion, but a deliberate choice by American leaders who valued territorial conquest, more than legal principles, economic development, more than human rights,
Starting point is 01:34:31 and political expediency more than moral consistency. Yet the response to the Trail of Tears also demonstrates the possibilities of human resilience and cultural survival under the most difficult circumstances imaginable. Families who lost everything found ways to rebuild their lives. Communities that were scattered found ways to build their lives. Communities that were scattered found ways to reconnect. Institutions that were destroyed found ways to reconstitute themselves. The Cherokee Nation today stands as proof that the Trail of Tears, despite its devastating impact on society, did not accomplish its ultimate goal of elimination. The people continue to
Starting point is 01:35:09 exist as a distinct nation with distinct rights, distinct responsibilities, and distinct contributions to American democracy and American culture. The trails that families walk during forced removal in 1838 and 1839, have become pilgrimage routes that citizens and supporters travel to honor ancestors and to recommit themselves to survival and sovereignty. The graves that mark suffering along removal routes have become sacred sites that remind all Americans of the cost of expansion and the importance of protecting minority rights within democratic institutions. The Phoenix, which was silenced during removal, has been reborn as a voice for perspective. and rights in contemporary America. Schools which were closed during military occupation
Starting point is 01:35:57 have been rebuilt as institutions that combine cultural education with preparation for success in contemporary American society. Political institutions, which were disrupted by forced removal, have been reconstructed as examples of indigenous democracy and indigenous sovereignty within the American federal system. The story is ultimately a story of survival, adaptation, and continuity. despite systematic efforts at cultural destruction. It is a story that honors ancestors who died defending sovereignty while celebrating descendants who continue to build futures. It is a story that remembers suffering while affirming strength,
Starting point is 01:36:37 losses while celebrating persistence, trauma while acknowledging recovery. Most importantly, the story is a story that continues to unfold. Those who survived the Trail of Tears could not have imagined the Cherokee Nation of today. with its modern government complex in T'Alaquah, its sophisticated healthcare and education systems, its successful businesses and cultural institutions, and its over 300,000 citizens living throughout the United States and around the world.
Starting point is 01:37:07 Yet these contemporary achievements build directly on the foundation established by ancestors who refuse to disappear, despite American efforts to eliminate them. Sovereignty today rests on resistance during the removal crisis. Prosperity today builds on determination to rebuild after devastating losses. Cultural vitality today reflects commitment to maintaining identity, despite systematic pressure for assimilation.
Starting point is 01:37:33 The Trail of Tears remains a wound in American history that has never fully healed and should never be forgotten. It serves as a reminder of what happens when democratic institutions fail to protect minority rights and when majority opinion supports minority destruction. It demonstrates the costs of expansion without justice, development without consent, and progress without humanity. But the Trail of Tears is also a story of triumph over tragedy, of survival despite systematic efforts at elimination, of cultural persistence, despite devastating disruption. It is a story that honors those who died while celebrating those who lived, that remembers those who were lost while affirming those who endured, that acknowledges suffering while recognizing strength.
Starting point is 01:38:22 The people who walk the trails of memory each October, who gather for national holiday each September, who send their children to language immersion programs, who vote in elections, who participate in cultural ceremonies, and who contribute to communities are the living legacy of those who survived the Trail of Tears. They are proof that cultural destruction is not inevitable,
Starting point is 01:38:45 that indigenous adaptation is possible, and that indigenous nations can survive and prosper, despite the most systematic efforts to eliminate them. Their story continues, not as a relic of the past, but as a living example of indigenous resilience, cultural persistence, and political adaptation in contemporary America. The Trail of Tears ended in Oklahoma in 1839, but the journey toward recovery, renewal, and continued sovereignty
Starting point is 01:39:12 continues today and will continue for generations to come. In this continuation lies perhaps the most important lesson of the Trail of Tears. That human dignity cannot be destroyed by political oppression, that cultural identity cannot be eliminated by forced assimilation, and that indigenous peoples possess resources for survival and recovery, that transcend the worst efforts of those who would destroy them. Those who died during forced removal died as free people defending their homeland. Those who live today live as free people building their future.
Starting point is 01:39:47 Between these two moments lies a story of suffering and survival that continues to inspire all who believe in the possibility of justice, the importance of cultural diversity, and the power of human resilience to overcome even the most devastating challenges. Stay tuned for more disturbing history. We'll be back after these messages. The Trail of Tears stands as one of the darkest chapters in American history, but it is not the final chapter of the story. It is instead a chapter of transformation, painful, traumatic, and devastating, but ultimately not destructive of the people's essential identity and sovereignty.
Starting point is 01:40:30 The trail that began with military roundups and stockades led not to extinction, but to renewal in new territory under new circumstances. Today, when children learn about the Trail of Tears in Cherokee Nation schools, they learn it as part of a larger story of persistence and strength. They learn about ancestors who died defending sovereignty and ancestors who survived to rebuild society. They learn about leaders who made impossible choices under impossible circumstances and families who endured unimaginable suffering to preserve life and culture. These children also learned that they are the living answer to the questions that families asked as they walked westward through winter cold and summer heat. Would the people survive?
Starting point is 01:41:16 Would culture endure? Would sovereignty persist? The existence of contemporary communities, institutions, and citizens provides affirmative answers to all these questions. The Trail of Tears reminds us that the price of freedom and the cost of survival are sometimes measured in generations rather than moments, in cultural persistence rather than military victory, in spiritual resilience rather than political triumph. The people paid that price and met that cost through the determination of individuals who chose survival over personal comfort, unity over factional advantage, and futures over past. Their legacy lives today in every child who learns the language, every family that participates in ceremonies, every citizen who
Starting point is 01:42:03 votes in elections, and every leader who continues the work of building institutions that serve the people while maintaining sovereignty within the American political system. The trails of tears that families walked in 1838 and 1839 have become trails of memory that lead not only backward to suffering, but forward to renewal, recovery, and hope. The Cherokee nation that emerged from the trauma of forced removal was not the same nation that had existed in the southeastern mountains, but it was recognizably itself in its commitment to survival, adaptation, and sovereignty. In the end, the Trail of Tears teaches us that history is not simply what happens to people, but what people make of what happens to them.
Starting point is 01:42:48 They made survival from suffering, renewal from removal, and strength from struggle. They transformed the Trail of Tears into a path toward recovery that continues to guide communities and inspire indigenous peoples throughout the world. The story continues, not as victims of American expansion, but as survivors who have built one of the most successful indigenous nations in the contemporary world. Their survival honors those who died, vindicates those who endured and promises that the Cherokee nation will continue to exist as long as the people remember who they are, where they came from,
Starting point is 01:43:24 and why their survival matters not only for themselves, but for all who believe in the possibility of justice, the importance of cultural diversity and the power of human dignity to triumph over even the most systematic efforts to destroy it. In the words of the Cherokee people, Viala Litsahi, we are still here. One is out

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