Which breach of freedom resulted in the trail of tears

Georgia , Wirt instituted suit for an injunction that would permit the Cherokees to remain in Georgia without interference by the state. He argued that they constituted an independent nation and had been so regarded by the United States in its many treaties with them. Speaking for the majority of the court, Chief Justice John Marshall handed down his decision on March 18, Indian territory was part of the United States but not subject to action by individual states.

Then in late December , the state passed another law prohibiting white men from entering Indian country after March 1, , without a license from the state. This move was obviously intended to keep interfering clergymen from inciting the Indians to disobey Georgia law. Eleven such missionaries were arrested for violating the recent statute, nine of whom accepted pardons from the governor in return for a promise that they would cease violating Georgia law.

But Samuel A. Worcester and Dr. Elizur Butler refused the pardon, and Judge Augustin S. On March 3, , Marshall again ruled in Worcester v. Georgia , declaring all the laws of Georgia dealing with the Cherokees unconstitutional, null, void, and of no effect.

Jackson was presently involved in a confrontation with South Carolina over the passage of the Tariffs of and The state had nullified the acts and threatened to secede from the Union if force were used to make it comply with them.

The last thing Jackson needed was a confrontation with another state, so he quietly nudged Georgia into obeying the court order and freeing Butler and Worcester. A number of well-placed officials in both the state and national governments lent a hand and the governor, Wilson Lumpkin, released the two men on January 14, With the annoying problem of the two missionaries out of the way, both Georgia and Jackson continued to lean on the Cherokees to get them removed.

Elizur Butler in The Missionary Herald. But allowing eastern Indians full control of their eastern lands was virtually impossible in the s. There was not army enough or will enough by the American people to bring it about. As Jackson constantly warned, squatters would continue to invade and occupy the land they wanted; then, if they were attacked, they would turn to the state government for protection that usually ended in violence.

Even so, the Cherokees had a strong leader who had not yet given up the fight. They were led by the wily, tough, and determined John Ross, a blue-eyed, brown-haired mixed-blood who was only one-eighth Cherokee. Nonetheless he was the principal chief, and a most powerful force within the Nation. He was rich, lived in a fine house attended by black slaves, and had influence over the annuities the United States paid to the tribal government for former land cessions.

His appearance and lifestyle were distinctly white; in all other respects he was Indian. If you all unite together and be of one mind there is no danger.

They approved wholeheartedly of his leadership and they took comfort in what he said. So, with the Nation solidly behind him, Ross resolutely resisted any thought of leading his people from their ancient land into a godforsaken wilderness. Still the Cherokees held out, even though even they had begun to feel the unrelenting pressure. They were led by very capable, hard-headed, and pragmatic men, including the Speaker of the Cherokee National Council, Major Ridge; his son, the educated and politically ambitious John Ridge; and the editor of the Cherokee Phoenix , Elias Boudinot.

John Ridge took a leading role in the emergence of the Treaty Party, for when the Worcester decision was first handed down, he instantly recognized that Chief Justice Marshall had rendered an opinion that abandoned the Cherokees to their inevitable fate.

So he went to Jackson and asked him point-blank whether the power of the United States would be exerted to force Georgia into respecting Indian rights and property. The president assured him that the government would do nothing. He then advised Ridge most earnestly to go home and urge his people to move themselves west. Dejected, the chief left the president with the melancholy conviction that he had been told the truth. From that moment, he was convinced that the only alternative to save his people from moral and physical death, was to make the best terms they could with the government and move out of the limits of the states.

The members of this Treaty Party certainly risked their lives in pressing for removal, and indeed all of them were subsequently marked for assassination. Not too many years later, Elias Boudinot and John Ridge were slain with knives and tomahawks in the midst of their families, while Major Ridge was ambushed and shot to death.

John Ross, on the other hand, would not yield. As head of the National Party that opposed removal, he was shrewd enough to recognize immediately that the president would attempt to play one party off against the other. Under the circumstance, Ross decided to go to Washington and request a meeting with the president in order to try again to arrange some accommodation that would prevent the mass relocation of his people to what was now the new Indian Territory, which Congress had created in and which eventually became the state of Oklahoma.

Since he had fought with Jackson at the Battle of Horseshoe Bend during the Creek War, he reckoned that his service during that battle would provide him with a degree of leverage in speaking with the president. And, as principal chief, he could speak with the duly constituted authority of the Cherokee Nation as established under the Cherokee Constitution of He had another reason for requesting the interview.

He had heard a rumor that Jackson had commissioned the Reverend John F. Schermerhorn, an ambitious cleric who had assisted in the removal of the Seminoles from Florida, to negotiate with Ridge and his associates and see if a deal could be worked out that would result in a treaty. Definitely alarmed, Ross asked to speak with the President at which time he said he would submit his own proposal for a treaty.

Jackson never liked Ross. Real Indians were full-blooded Indians, not half-breeds, he declared. He said that this so-called Constitution provided for an election in and it had not been held. Instead the principal chief had simply filled the National Council with his henchmen— another indication, claimed Jackson, of an elitist clique who ruled the Nation and disregarded the interests of the majority of the people. As a consummate politician, Jackson understood the value of playing one party off against another, so when he granted the interview, he directed that Schermerhorn suspend his negotiations with the Treaty Party and wait for the outcome of his interview with the principal chief.

In fact, Jackson and Ross were much alike. Both were wily, tough, determined, obsessed with protecting the interests of their respective peoples, and markedly dignified and polite when they came together in the White House on Wednesday, February 5, The chief returned the compliment. For a few minutes, their conversation touched on pleasantries, then they got down to the matter and began playing a political game that involved the lives of thousands, both Native Americans and white settlers.

Unfortunately, despite his many talents and keen intelligence, Ross was no match for the president. He simply lacked the resources of his adversary.

The principal chief opened with an impassioned plea. Jackson just listened. Then the principal chief acted imprudently and made impossible demands on the president. To start, he insisted that in any treaty the Nation must retain some of their land along the borders of Tennessee, Alabama, and Georgia—land that had already been occupied by white settlers.

He even included a small tract in North Carolina. Many Americans believed that the Cherokees as allies of the British had forfeited all rights to their land. Instead, he concluded that they and all the Indian tribes were sovereign nations.

He believed they eventually would have to give up their lands to the inevitable tide of white settlement, but only voluntarily through negotiated treaties.

Knox convinced President Washington that Native Americans would also have to be integrated into American society. But the Cherokees embraced it enthusiastically.

The Cherokees believed that if they became more like their white neighbors, the Americans would leave them alone on their remaining land. By the s, most Cherokees were living in family log cabins, cultivating fields on tribal land. Some owned stores and other businesses. A few borrowed from Southern whites the idea of establishing large cotton plantations complete with a mansion and black slaves. The Cherokees also welcomed white Christian missionaries to set up schools to teach English and agricultural skills.

Sequoyah , a Cherokee silversmith and farmer, believed that white people gained their power from their ability to remember and communicate through writing. Although he never went to school or learned English, Sequoyah experimented for a dozen years before developing 86 symbols that represented all the syllables of spoken Cherokee.

Within a decade, probably a greater percentage of Cherokees could read and write in their native language than Southern whites could in English. Also by , the Cherokees had adopted a constitution modeled on the American one.

The Cherokee constitution provided for a two-house legislature, called the General Council, a principal chief, and eight district courts. It also declared all Cherokee lands to be tribal property, which only the General Council could give up. But only a few Cherokees and members of other Southeastern tribes agreed to relocate. Pressure for relocation grew in Georgia after it gave up its land claims to the west. In exchange, the U. Most of them were successfully adopting American ways and showing every sign that they meant to stay on their land.

The president who had to deal with this problem was Andrew Jackson. Jackson was a Tennessee political leader, judge, and land speculator. He was also a war hero, fighting Indians and defeating the British at the Battle of New Orleans in Sometimes resorting to military threats and bribery, Jackson got most of the tribes to give up a total of million acres of tribal land.

In , Jackson was elected president. Jackson warned the tribes that if they failed to move, they would lose their independence and fall under state laws. Jackson backed an Indian removal bill in Congress. Members of Congress like Davy Crockett argued that Jackson violated the Constitution by refusing to enforce treaties that guaranteed Indian land rights. But Congress passed the removal law in the spring of The U.

Although removal was supposed to be voluntary, Jackson cut off payments to the tribes for previous land deals until they moved to the West. He also agreed with Georgia and other Southern states that their laws controlled tribal land. For example, Georgia had passed legislation that abolished the Cherokee government. In , the U. Supreme Court ruled in Worcester v. Georgia that Jackson was wrong. Chief Justice John Marshall wrote in the majority opinion that the Constitution gave to Congress, not the states, the power to make laws that applied to the Indian tribes.

Despite this clear court victory for the Cherokees, Jackson openly refused to enforce it, and the Southern states ignored it. Georgia settlers, gold miners, and land speculators swarmed onto Cherokee lands, often seizing or destroying Cherokee homes and other property. In , Georgia ran a lottery to distribute Cherokee land. The white invaders sang about their hopes:. A small minority argued that the Cherokees could not stop the land-hungry whites and the only hope for surviving as a tribe was to emigrate west.

John Ross, the principal chief of the Cherokees, led the tribal government and majority of Cherokees opposed to removal. Ross tried and failed to negotiate a new treaty with the United States. Finally, in , U. The Treaty of New Echota also required the U. Finally, the United States promised to pay the Cherokees their emigration expenses and support them for one year after their arrival in Indian Territory. Chief Ross and the Cherokee General Council rejected the treaty because it did not reflect the will of the Cherokee majority.

But in , the U. Senate, amid great public criticism, ratified the treaty by one vote. The treaty gave the Cherokees two years to leave. But more than 16, Cherokees defied the treaty, refusing to abandon their homes. By , the U. The Seminoles held out and fought a guerilla war against the United States that lasted almost 10 years. Meanwhile, Georgia land-seekers continued to drive many Cherokee families out of their homes and farms. President Jackson had completed his second term by the deadline for Cherokee removal in When most Cherokees still refused to emigrate, the new president, Martin van Buren, ordered General Winfield Scott to round up and force them to leave.

Effective January 1, Every person is guilty of a crime and punishable by imprisonment pursuant to subdivision h of Section or by imprisonment in a county jail for not exceeding one year, who maliciously does any of the following:. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SB Effective January 1, SB Effective October 8, Nothing in this code shall invalidate an ordinance of, nor be construed to prohibit the adoption of an ordinance by, a city, city and county, or county, if the ordinance regulates the sale of aerosol containers of paint or other liquid substances capable of defacing property or sets forth civil administrative regulations, procedures, or civil penalties governing the placement of graffiti or other inscribed material on public or private, real or personal property.

Nothing in this subdivision shall limit the court from ordering the defendant to perform a longer period of community service if a longer period of community service is authorized under other provisions of law. Notwithstanding subdivision b of Section , every person who, having been convicted previously of vandalism under Section for maliciously defacing with graffiti or other inscribed material any real or personal property not his or her own on two separate occasions and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted of vandalism under Section , shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison.

One parent or guardian shall be present at the community service site for at least one-half of the hours of community service required under this section unless participation by the parent, guardian, or foster parent is deemed by the court to be inappropriate or potentially detrimental to the child. The specification of the Acts enumerated in the following sections of this Chapter is not intended to restrict or qualify the interpretation of the preceding section. Enacted Every person who, without the consent of the owner, wilfully administers poison to any animal, the property of another, or exposes any poisonous substance, with the intent that the same shall be taken or swallowed by any such animal, is guilty of a misdemeanor.

Whenever such signs have been conspicuously located upon the property or premises owned or controlled by him as hereinabove provided, such person shall not be charged with any civil liability to another party in the event that any domestic animal belonging to such party becomes injured or killed by trespassing or partaking of the poisonous substance or substances so placed.

It shall be a misdemeanor for any owner or manager of an elephant to engage in abusive behavior towards the elephant, which behavior shall include the discipline of the elephant by any of the following methods:.

A Endangered species or threatened species as described in Chapter 1. If any person is charged with a violation of subdivision c , the proceedings shall be subject to Section of the Fish and Game Code. A person convicted of a violation of this section by causing or permitting an act of cruelty, as defined in Section b, shall be liable to the impounding officer for all costs of impoundment from the time of seizure to the time of proper disposition.

An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee if the defendant has the ability to pay the nominal fee. County mental health departments or Medi-Cal shall be responsible for the costs of counseling required by this section only for those persons who meet the medical necessity criteria for mental health managed care pursuant to Section The counseling specified in this subdivision shall be in addition to any other terms and conditions of probation, including any term of imprisonment and any fine.

This provision specifies a mandatory additional term of probation and is not to be used as an alternative to imprisonment pursuant to subdivision h of Section or county jail when that sentence is otherwise appropriate. If the court does not order custody as a condition of probation for a conviction under this section, the court shall specify on the court record the reason or reasons for not ordering custody. This subdivision shall not apply to cases involving police dogs or horses as described in Section Any peace officer, humane society officer, or animal control officer shall take possession of the stray or abandoned animal and shall provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner.

When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall immediately seize the animal and comply with subdivision f. In all other cases, the officer shall comply with the provisions of subdivision g.

The full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, if the seizure is upheld pursuant to this section. A Has received training in the administration of tranquilizers from a licensed veterinarian. The training shall be approved by the California Veterinary Medical Board.

B Has successfully completed the firearms component of a course relating to the exercise of police powers, as set forth in Section D Has successfully completed the euthanasia training set forth in Section of Title 16 of the California Code of Regulations.

E Has completed a state and federal fingerprinting background check and does not have any drug- or alcohol-related convictions. It shall be the duty of all peace officers, humane society officers, and animal control officers to cause the animal to be humanely euthanized or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned.

The officer may likewise take charge of any animal, including a dog or cat, that by reason of lameness, sickness, feebleness, or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly treated, and provide care and treatment for the animal until it is deemed to be in a suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of an animal or the health or safety of others, the officer shall immediately seize the animal and comply with subdivision f.

In all other cases, the officer shall comply with subdivision g. The full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid. If the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal.

The full cost of caring for and treating any animal seized under this subdivision shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. No veterinarian shall be criminally or civilly liable for any decision that the veterinarian makes or for services that the veterinarian provides pursuant to this subdivision.

The notice shall include all of the following:. A The name, business address, and telephone number of the officer providing the notice. B A description of the animal seized, including any identification upon the animal. C The authority and purpose for the seizure or impoundment, including the time, place, and circumstances under which the animal was seized.

D A statement that, in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or their agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the agency providing the notice within 10 days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail. E A statement that the full cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.

The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure or impoundment of the animal and is not junior in rank to that person. The agency may use the services of a hearing officer from outside the agency for the purposes of complying with this section.

If it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the full cost of the seizure and care of the animal. The charges for the seizure and care of the animal shall be a lien on the animal. The animal shall not be returned to its owner until the charges are paid and the owner demonstrates to the satisfaction of the seizing agency or the hearing officer that the owner can and will provide the necessary care for the animal.

The owner shall produce the animal at the time of the hearing unless, before the hearing, the owner has made arrangements with the agency to view the animal upon request of the agency, or unless the owner can provide verification that the animal was humanely euthanized.

B A description of the animal to be seized, including any identification upon the animal. C The authority and purpose for the possible seizure or impoundment. D A statement that, in order to receive a hearing before any seizure, the owner or person authorized to keep the animal, or their agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep the animal to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice.

E A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges.

The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who requests the seizure or impoundment of the animal and is not junior in rank to that person. Further, if the charges for the seizure or impoundment and any other charges permitted under this section are not paid within 14 days of the seizure, or if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this section and take possession of the animal, the animal shall be deemed to have been abandoned and may be humanely euthanized or otherwise properly disposed of by the seizing agency.

A veterinarian may humanely euthanize an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably crippled. The petitioner shall serve a true copy of the petition upon the defendant and the prosecuting attorney. The hearing shall be conducted within 14 days after the filing of the petition, or as soon as practicable. If the court finds that the petitioner has met its burden, the court shall order the immediate forfeiture of the animal as sought by the petition.

A person convicted of a violation of this section shall be personally liable to the seizing agency for all costs of impoundment from the time of seizure to the time of proper disposition. Upon conviction, the court shall order the convicted person to make payment to the appropriate public entity for the costs incurred in the housing, care, feeding, and treatment of the seized or impounded animals.

Each person convicted in connection with a particular animal may be held jointly and severally liable for restitution for that particular animal. The payment shall be in addition to any other fine or sentence ordered by the court. In the event of the acquittal or final discharge without conviction of the person charged, if the animal is still impounded, the animal has not been previously deemed abandoned pursuant to subdivision h , the court has not ordered that the animal be forfeited pursuant to subdivision k , the court shall, on demand, direct the release of seized or impounded animals to the defendant upon a showing of proof of ownership.

If the owner is determined to be unknown or the owner is prohibited or unable to retain possession of the animals for any reason, the court shall order the animals to be released to the appropriate public entity for adoption or other lawful disposition.

This section is not intended to cause the release of any animal, bird, reptile, amphibian, or fish seized or impounded pursuant to any other statute, ordinance, or municipal regulation. This section shall not prohibit the seizure or impoundment of animals as evidence as provided for under any other provision of law. Efforts to locate or contact the owner or caretaker and communications with persons claiming to be the owner or caretaker shall be recorded and maintained and be made available for public inspection.

This section does not require an animal shelter, a humane society, or an animal regulation department of a public agency to take actual possession of the equine. However, a fine paid for a second violation of subdivision a shall be deferred for six months if a course is available that is administered by a state or local agency on state law and local ordinances relating to live animal markets. If the defendant successfully completes that course within six months of entry of judgment, the fine shall be waived.

Added by renumbering Section The court shall weigh the gravity of the violation in setting the fine. A The show is validly permitted by the city or county in which the show is held.

C The participant has written documentation of the payment of a fee for the entry of his or her cat, dog, or bird in the show.

D The sale of a cat, dog, or bird occurs only on the premises and within the confines of the show. E The show is a competitive event where the cats, dogs, or birds are exhibited and judged by an established standard or set of ideals established for each breed or species.