
The Trail of Tears refers to the forced relocation and removal of the Cherokee Nation from their ancestral homelands in North Carolina, Tennessee, Georgia, and Alabama, to what is now Oklahoma. This tragic event in Native American history was the result of President Andrew Jackson's Indian Removal Act of 1830, which authorised the removal of Native Americans from their lands east of the Mississippi River. The Cherokee Nation's struggle to maintain their land and culture in the face of overwhelming pressure from settlers and the federal government is well-known. Before the Trail of Tears, the Cherokee leader Sequoyah created a syllabary to preserve their oral traditions, and they also adopted a constitution with a bicameral legislature and three branches of government, modelled on that of the United States. This constitution, proposed in 1827, was an attempt to assert their sovereignty and equality with whites in terms of self-government.
| Characteristics | Values |
|---|---|
| Name of the tribe | Cherokee |
| Year of drafting the constitution | 1827 |
| Who proposed the constitution | Major Ridge and John Ross |
| Who adopted the constitution | Cherokee National Council |
| Basis of the constitution | The constitution of the United States |
| Purpose of the constitution | To put the tribe on an equal footing with the whites in terms of self-government |
| Number of branches of government | Three |
| Type of legislature | Bicameral |
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What You'll Learn
- The Cherokee tribe wrote their own constitution before the Trail of Tears
- The constitution was modelled on that of the United States
- It was an attempt to assert sovereignty and equality with whites
- The tribe was divided over assimilation and ceding land to whites
- The Trail of Tears was a forced removal of the Cherokee from their homeland

The Cherokee tribe wrote their own constitution before the Trail of Tears
The Cherokee tribe is known for their tragic journey on the Trail of Tears. The Trail of Tears refers to the forced relocation and removal of Native Americans from their ancestral homelands in the Southeast to Indian Territory in present-day Oklahoma. This event, which occurred in the 1830s, was a direct result of the Indian Removal Act of 1830, signed into law by President Andrew Jackson.
Before the Trail of Tears, the Cherokee tribe demonstrated their resilience and determination to preserve their sovereignty and cultural identity. In the early 1800s, the Cherokee leader Sequoyah created a syllabary, allowing oral traditions and stories to be written down. This innovation paved the way for the adoption of a written constitution for the tribe.
In 1825, Major Ridge and John Ross, influential Cherokee leaders, shared a vision of a strong and autonomous Cherokee Nation. They proposed a written constitution, modelled on that of the United States, with a bicameral legislature and three branches of government. This constitution aimed to establish the Cherokee Nation as a self-governing entity, equal in status to their white neighbours. The Cherokee National Council adopted this constitution in 1827, marking a significant step towards self-determination.
The Cherokee people were divided over the issue of cultural assimilation and land cession. While some embraced aspects of white culture, others vehemently opposed giving up their traditional ways. Despite these internal differences, the Cherokee Nation presented a united front in their opposition to relocation. They made multiple appeals to the American Congress, asserting their rights and seeking protection from forced removal.
However, the pressure from settlers and the federal government proved overwhelming. Despite initial legal victories, such as the 1831 Supreme Court ruling affirming the sovereignty of Indian tribes, President Jackson refused to abide by the decision. Ultimately, a faction of the Cherokee, known as the Removal Party or Treaty Party, agreed to the Treaty of New Echota in 1835, signing away their land. This treaty was protested by the majority of the Cherokee, but it set in motion the tragic events of the Trail of Tears.
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The constitution was modelled on that of the United States
The Cherokee Nation is the tribe that wrote its own constitution before the Trail of Tears. The Trail of Tears was the forced relocation of the Cherokee Nation from its ancestral homeland in parts of North Carolina, Tennessee, Georgia, and Alabama to what is now the state of Oklahoma. The Cherokee people were marched over 1,000 miles alongside caravans of wagons through harsh winter weather. The death toll from the migration and its aftermath topped 4,000 out of a population of more than 16,000.
In 1825, Major Ridge and John Ross, who shared a vision of a strong Cherokee Nation that could maintain its separate culture and coexist with its white neighbours, worked together to create a new national capital for their tribe at New Echota in Georgia. In 1827, they proposed a written constitution that would put the tribe on equal footing with whites in terms of self-government. The constitution, modelled on that of the United States, was adopted by the Cherokee National Council. The constitution included a bicameral legislature and three branches of government.
The Cherokee tribe was split over whether to follow a policy of cultural assimilation and cede land to whites. They were also divided on whether to resist removal from their land. While some Cherokee people eluded their captors and hid in the Smoky Mountains, others followed Principal Chief John Ross in a desperate attempt to hold onto their land. However, this attempt failed in 1838 when federal troops and the Georgia state militia forced the Cherokee to relocate.
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It was an attempt to assert sovereignty and equality with whites
The Trail of Tears refers to the forced relocation and removal of the Cherokee Nation from their ancestral homeland in parts of North Carolina, Tennessee, Georgia, and Alabama to what is now the state of Oklahoma. The tragic journey, over a thousand miles long, resulted in the deaths of many Cherokees. The Trail of Tears also extended to other tribes, including the Chickasaw, Choctaw, Creek, and Seminole.
The Cherokee Nation had a strong leader in John Ross, who advocated for a separate but coexisting Cherokee culture alongside their white neighbours. In 1825, Ross and Major Ridge worked to establish a new national capital for the tribe at New Echota in Georgia. They proposed a written constitution in 1827, modelled on that of the United States, with a bicameral legislature and three branches of government. This constitution was an attempt to assert sovereignty and equality with whites, demonstrating that the Cherokee Nation could govern themselves and maintain their cultural identity.
The adoption of a constitution was a significant step towards self-governance and a powerful symbol of the Cherokee Nation's determination to preserve their way of life. By emulating the structure of the US government, the Cherokee Nation sent a clear message that they were capable of independent governance and deserved recognition as a sovereign entity. This move reflected their commitment to maintaining their cultural identity while adapting to the political landscape shaped by their white counterparts.
The constitution was a response to the constant pressure from settlers and the federal government for the Cherokee to relocate to the west. The Cherokee were divided over whether to assimilate white culture or maintain their traditions. Some adopted aspects of white culture, such as agriculture, animal husbandry, and clothing, earning them the label of the ""Five Civilized Tribes" from whites. However, this assimilation did not prevent the forced removal of the Cherokee and the tragic Trail of Tears.
The Trail of Tears was designated a National Historic Trail in 1987, serving as a reminder of the tragedy and injustice experienced by the Cherokee and other Native American tribes during the forced relocation. The journey was marked by funerals and burials at every stop, with thousands perishing due to exposure, malnutrition, disease, and exhaustion. The death toll from the internment camps, migration, and its aftermath exceeded 4,000 out of a population of over 16,000.
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The tribe was divided over assimilation and ceding land to whites
The Trail of Tears refers to the forced relocation and displacement of the Cherokee Nation from their ancestral homeland in parts of North Carolina, Tennessee, Georgia, and Alabama to what is now Oklahoma. This event was a direct result of the Indian Removal Act, which was signed into law by President Andrew Jackson in 1830. The Act led to the expulsion of Native Americans living east of the Mississippi River, with Jackson signing into law almost seventy removal treaties.
The Cherokee tribe was divided over the issues of assimilation and ceding land to whites. While some Cherokee people adopted aspects of white culture, such as their methods of agriculture and clothing, others wanted to maintain their traditional ways of living. The tribe was also deeply divided over whether to cede land to whites after the War of 1812, with several treaties made ceding millions of acres in the southeastern states.
The Cherokee leader Sequoyah created a syllabary to transcribe stories from the Cherokee oral tradition, and the tribe adopted a constitution with a bicameral legislature and three branches of government. This constitution, modelled on that of the United States, was an attempt to put the Cherokee Nation on equal footing with whites in terms of self-government. Major Ridge and John Ross, who shared a vision of a strong Cherokee Nation that could maintain its culture while coexisting with whites, proposed this written constitution in 1827.
However, the tribe was under constant pressure from settlers and the federal government to relocate to the west. This pressure resulted in conflict and division within the Cherokee Nation as they struggled to hold on to their land and culture. Ultimately, the Cherokee were forcibly removed from their land and placed in detention camps in Tennessee and Alabama before beginning their journey westward.
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The Trail of Tears was a forced removal of the Cherokee from their homeland
The Trail of Tears was a result of the Indian Removal Act and the Treaty of New Echota. After the War of 1812, there was a growing sentiment, led by figures like General Andrew Jackson, that the United States should no longer negotiate with Indian tribes as sovereign nations. Georgia politicians pressured the federal government to fulfill the Compact of 1802, which called for the removal of the Cherokees from the state. A small faction of Cherokee, the Removal Party or Treaty Party, agreed to a land swap in the Treaty of New Echota, despite protests from the majority of the tribe and the Cherokee government, who argued that the treaty was fraudulent.
The Cherokee had established a written constitution in 1827, which further antagonized removal proponents in Georgia. This constitution, known as the Cherokee Nation Constitution, was signed on September 6, 1839, less than six months after the last Cherokee groups arrived in Indian Territory. The constitution united the Cherokee Nation, resolving differences between the \"Old Settlers\" who had already settled in the territory and the Trail of Tears survivors. The constitution divided the Cherokee Nation into nine districts, established courts, and facilitated elections, leading to a new government.
Today, the Trail of Tears serves as a symbol of the tragedy and injustice faced by Native Americans in the United States. It was designated a National Historic Trail in 1987, and the Cherokee Nation continues to commemorate their history and culture through annual events like the Cherokee National Holiday, which celebrates the signing of their constitution.
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Frequently asked questions
The Cherokee tribe wrote their constitution before the Trail of Tears.
The Trail of Tears was the forced relocation of the Cherokee Nation from their ancestral homeland in North Carolina, Tennessee, Georgia, and Alabama to what is now the state of Oklahoma.
The Cherokee constitution was modelled on that of the United States.
Major Ridge and John Ross wrote the Cherokee constitution in 1825.














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