The Trail of Tears Began with a Disputed Treaty Signed in This Georgia Town

The Cherokee Nation Capital at New Echota

Cherokee leaders met on July 4, 1827 at New Echota, Georgia to write their constitution.

Twenty-four elected men, three from each of the Nation’s eight districts, worked for ten days on the document. They needed to create a government that would both protect Cherokee culture and stand up to outside pressure.

They finished the constitution on July 26, 1827, and adopted it the next day. This marked a turning point for Cherokee governance.

The Cherokee Constitution Transforms Governance

The 1827 Constitution created a government with three parts: executive, legislative, and judicial.

While similar to the United States system, it was tailored to fit Cherokee needs. The legislative branch had two houses—a National Committee and Council—giving all Cherokee districts a voice.

In 1828, John Ross won election as Principal Chief under the new constitution. The document aimed to strengthen Cherokee independence and prove to white Americans that the Cherokee Nation was organized and deserved respect as a separate nation.

Cherokee Phoenix: First Native American Newspaper

On February 21, 1828, the first issue of the Cherokee Phoenix was printed, making it the first Native American newspaper in the United States. Elias Boudinot, a Cherokee educated in New England, served as editor.

The paper printed news in both English and Cherokee using Sequoyah’s writing system. The Cherokee Council funded the operation and built a news office with a printing press at New Echota.

The Phoenix shared tribal news, published laws, and stood up for Cherokee rights during a time when neighboring states wanted their land.

Sequoyah’s Syllabary and Cherokee Literacy

In 1821, Sequoyah finished creating 86 symbols that represented all the sounds in the Cherokee language. This invention meant Cherokee people could now read and write in their own language for the first time.

With this new writing system, the Cherokee quickly began printing their laws, constitution, and newspaper. Literacy spread rapidly throughout the Nation as people learned to read and write Cherokee.

Samuel Worcester, a missionary who supported the Cherokee, created the metal type needed for printing Cherokee text at New Echota.

The Supreme Court and Council House

The Cherokee built a Supreme Court at New Echota to handle legal matters under their new constitution. This court let them resolve disputes using their own laws rather than relying on outside systems.

Workers also built a two-story Council House where Cherokee lawmakers met to discuss and pass laws. These buildings stood at the center of New Echota as symbols of Cherokee self-rule. Cherokee-appointed judges ran the courts, applying tribal law in formal proceedings.

These institutions showed their commitment to governing themselves through written laws.

Georgia’s Extension of State Law Over Cherokee Territory

Between 1827 and 1831, Georgia passed laws claiming control over Cherokee land. These laws tried to wipe out Cherokee government and force them to submit to state authority. Georgia created a lottery that gave Cherokee land to white settlers without Cherokee consent.

In 1832, Georgia banned all Cherokee government meetings, forcing leaders to move their council to Tennessee.

The discovery of gold in Cherokee territory in 1829 made Georgia even more determined to push the Cherokee out. These actions directly challenged the Cherokee government in New Echota.

The Worcester v. Georgia Supreme Court Case

Samuel Worcester, who ran the printing press at New Echota, took Georgia to court after being arrested for living on Cherokee land without a state permit. His case reached the United States Supreme Court.

In 1832, Chief Justice John Marshall ruled that Georgia’s laws against the Cherokee Nation were illegal. The decision stated that tribes were “domestic dependent nations” with their own rights that states couldn’t override.

President Andrew Jackson refused to enforce this ruling, telling Georgia they could continue ignoring Cherokee sovereignty despite what the Court said.

Division Within the Cherokee Nation

The threat of removal split the Cherokee Nation. Some leaders believed fighting removal through legal means was best, while others thought negotiating for better terms was more practical.

The Treaty Party, led by Major Ridge, his son John Ridge, and Elias Boudinot, felt removal was unavoidable and wanted to secure good terms. Chief John Ross and most Cherokee people fought against removal through petitions and legal challenges.

This split created deep wounds in Cherokee society. Both sides wanted what was best for their people but disagreed strongly about how to achieve it.

The Treaty of New Echota

On December 29, 1835, a small group of Cherokee signed the Treaty of New Echota without permission from the Cherokee government. These men were part of the Treaty Party who thought negotiation was the only option left.

The treaty gave up all Cherokee land east of the Mississippi for $5 million and land in present-day Oklahoma. Chief John Ross gathered 16,000 Cherokee signatures against the treaty, showing most Cherokee opposed it.

Despite this opposition, the U.S. Senate approved the treaty by just one vote in May 1836, giving the Cherokee two years to move west.

General Winfield Scott and the Forced Removal

In May 1838, General Winfield Scott arrived with 7,000 soldiers to force out the Cherokee who hadn’t left. On May 10, Scott announced that all Cherokee must leave their homes immediately.

Scott split the Cherokee Nation into three military districts to organize the removal. Soldiers pulled Cherokee families from their homes at gunpoint and marched them to fenced camps.

Families were separated, their belongings taken, and many suffered in crowded stockades. The forced march west began near New Echota itself, starting what became known as the “Trail of Tears.”

Visiting New Echota

You’ll find New Echota State Historic Site at 1211 Chatsworth Highway NE (State Highway 225) in Calhoun, Georgia.

Start your visit at the visitor center where you can watch a 17-minute film and explore interpretive exhibits. You’ll then follow a self-guided tour of the 12 historic buildings, including the Council House, Court House, Print Shop, and Samuel Worcester’s home.

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