We used the morning for final preparations. The trial began at 10:45 with a request by the prosecution to add a few more exhibits. Rumor of this hit the defense hard just 30 minutes before the trial. In the end the new evidence did not cause much of a disruption. The defense was offered time to review and prepare, and the prosecution began presenting their case by 11:15.
The lawyers and the witnesses on both sides were exceptional. Samuel Cloud, testifying for the prosecution, remained unshaken during the cross examination by the defense. John Marshall gave as good as he took during his exchange with the defense. The judge’s decision will explain the arguments as well as the outcome.
Afterward, we enjoyed ice cream in celebration of a great week learning history and the legal process. We have the foundation of a strong Mock Trial team next year. There was great interest in participating in the New Jersey competition.
Decision of the Judge
After much deliberation I have come to the conclusion that Andrew Jackson did set in motion a series of events that concluded with the deaths of many of the Cherokee nation along with what we now refer to as the Trail of Tears. Clearly, through his many addresses to Congress, he expressed a great concern about the American people and the native peoples living within the borders of the United States.
Though the defense in this case tried to portray Jackson’s motive as pure, it is difficult to look past his history of animus toward some indigenous groups. That said, the framework for “Indian Removal” was not designed with overt aggression in mind. In fact, the Treaty of New Echota gave $5 million and land on the other side of the Mississippi for resettlement. This treaty was signed by members of Cherokee leadership.
My decision in this case required a review of the witness testimony under direct and cross examination. Samuel Cloud was a compelling witness for the prosecution. Though on cross the defense attempted to distance Jackson from responsibility because Cloud did not know him, it is hard to ignore the obvious impact previous actions had on this life.
John Ross and John Marshall had a somewhat rougher go of it under cross examination. I am not sure if they successfully tied Jackson to the events of 1838, as the defense began to hint at their strategy. BLAME EVERYONE ELSE.
Yes, maybe it was Major Ridge’s fault. He misrepresented the Cherokee wishes by signing the Treaty of New Echota. What about General Winfield Scott? His testimony suggested both his role and the responsibility of President Martin Van Buren regarding what happened on the Trail of Tears. But, I go back to Samuel Cloud and the course of events, the conspiracy as it were, that took his mother and father, an impact that was beautifully echoed in the prosecution’s closing. Were it not for Andrew Jackson, would this have ever happened?
But, I am also faced with the charges:
- Deportation or forcible transfer of population
- Persecution against identifiable group
- Extermination
As I consider each, I am unable to avoid the culpability of others in this tragedy. The deportation and forcible transfer was done by Scott at the behest of President Van Buren, not Andrew Jackson. The line of command is obvious. And it concludes with the sitting Commander-in-Chief. Therefore, on that charge I must find President Jackson not guilty.
As for persecution against an identifiable group, it is hard to not be influenced by Jackson’s actions in previous Indian Wars as a general, but again, there was a chain of command and in this case the persecution seems to lie with the citizens of the State of Georgia and the soldiers under the command of General Winfield Scott. Again, not guilty.
The final charge of Extermination suggests a systematic and planned effort to kill a group of people. It is hard to believe that anyone could believe that marching a group of people for thousands of miles over three months in harsh conditions would not have massive loss of life as an outcome, and Jackson knew that this march would be made if the Treaty of New Echota would be fulfilled. But, the treaty did not designate the time of the march. Since the march was begun after his time in office, I am afraid I cannot find him guilty on this charge either. Again, not guilty.
1838 is a horrible mark on American history and Andrew Jackson bears a great deal of responsibility, but as to the charges brought by the prosecution, I am unable to find Jackson guilty. Andrew Jackson, you are free to go.