Still hoping to save its homeland, the Cherokee Nation appealed to the U.S. Supreme Court to stop Georgia from taking control of its territory. In 1832, the Court sided with the Cherokee people, ruling that the state could not take their land and force its laws on them because they were a sovereign nation with a legitimate right to their territory.
But in the end, that victory didn’t matter. Georgia officials ignored the Court’s ruling and President Jackson refused to enforce it. Convinced that there was no hope, a small group of Cherokee people who claimed to represent their nation signed a removal treaty with the U.S. government in 1835. In it, they exchanged all Cherokee land east of the Mississippi River for money and territory to the west. In 1836, Congress approved the treaty, giving the Cherokee people two years to head west.
But the Cherokee group that had signed the treaty had no authority and did not speak for the majority of Cherokee citizens, who wanted to stay. Principal Chief John Ross and thousands of other Cherokee people signed a petition asking Congress to reject the agreement, saying it did not represent the will of their nation. The petition failed.
Most Cherokee citizens refused to leave. So in 1838, U.S. President Martin Van Buren, who had taken office the year before, ordered their removal. Thousands of U.S. Army soldiers burst into Cherokee homes and herded residents like animals into camps. About 16,000 individuals had no choice but to leave the homeland of their ancestors.
Soon they were forced to march an average of 1,000 miles to present-day Oklahoma. Along the way, an estimated 4,000 Cherokee people died from starvation, disease, and exposure to the bitter cold.
Meanwhile, citizens of four other Indigenous nations—the Creek, the Chickasaw, the Choctaw, and the Seminole—were made to follow their own Trail of Tears to the area that would become Oklahoma. In all, about 100,000 Indigenous people were forced off their land in the Southeast during the 1830s.