If the Indians would only move to new lands across the Mississippi, Cass promised in 1825 at a treaty council with Shawnees and Cherokees, "The United States will never ask for your land there. This I promise you in the name of your great father, the President. That country he assigns to his red people, to be held by them and their children's children forever."

The editor of the North American Review, for whom Cass wrote this article, told him that his project "only defers the fate of the Indians. In half a century their condition beyond the Mississippi will be just what it is now on this side. Their extinction is inevitable." As Drinnon notes, Cass did not dispute this, yet published his article as it was.

Everything in the Indian heritage spoke out against leaving their land. A council of Creeks, offered money for their land, said: "We would not receive money for land in which our fathers and friends are buried." An old Choctaw chief said, responding, years before, to President Monroe's talk of removal: "I am sorry I cannot comply with the request of my father… We wish to remain here, where we have grown up as the herbs of the woods; and do not wish to be transplanted into another soil." A Seminole chief had said to John Quincy Adams: "Here our navel strings were first cut and the blood from them sunk into the earth, and made the country dear to us."

Not all the Indians responded to the white officials' common designation of them as «children» and the President as "father." It was reported that when Tecumseh met with William Henry Harrison, Indian fighter and future President, the interpreter said: "Your father requests you to take a chair." Tecumseh replied: "My father! The sun is my father, and the earth is my mother; I will repose upon her bosom."

As soon as Jackson was elected President, Georgia, Alabama, and Mississippi began to pass laws to extend the states' rule over the Indians in their territory. These laws did away with the tribe as a legal unit, outlawed tribal meetings, took away the chiefs' powers, made the Indians subject to militia duty and state taxes, but denied them the right to vote, to bring suits, or to testify in court. Indian territory was divided up, to be distributed by state lottery. Whites were encouraged to settle on Indian land.

However, federal treaties and federal laws gave Congress, not the states, authority over the tribes. The Indian Trade and Intercourse Act, passed by Congress in 1802, said there could be no land cessions except by treaty with a tribe, and said federal law would operate in Indian territory. Jackson ignored this, and supported state action.

It was a neat illustration of the uses of the federal system: depending on the situation, blame could be put on the states, or on something even more elusive, the mysterious Law before which all men, sympathetic as they were to the Indian, must bow. As Secretary of War John Eaton explained to the Creeks of Alabama (Alabama itself was an Indian name, meaning "Here we may rest"): "It is not your Great Father who does this; but the laws of the Country, which he and every one of his people is bound to regard."

The proper tactic had now been found. The Indians would not be «forced» to go West. But if they chose to stay they would have to abide by state laws, which destroyed their tribal and personal rights and made them subject to endless harassment and invasion by white settlers coveting their land. If they left, however, the federal government would give them financial support and promise them lands beyond the Mississippi. Jackson's instructions to an army major sent to talk to the Choctaws and Cherokees put it this way:

Say to my reel Choctaw children, and my Chickasaw children to listen-my white children of Mississippi have extended their law over their country… Where they now are, say to them, their father cannot prevent them from being subject to the laws of the state of Mississippi.… The general government will be obliged to sustain the States in the exercise of their right. Say to the chiefs and warriors that I am their friend, that I wish to act as their friend but they must, by removing from the limits of the States of Mississippi and Alabama and by being settled on the lands I offer them, put it in my power to be such-There, beyond the limits of any State, in possession of land of their own, which they shall possess as long as Grass grows or water runs. I am and will protect them and be their friend and father.

That phrase "as long as grass grows or water runs" was to be recalled with bitterness by generations of Indians. (An Indian GI, veteran of Vietnam, testifying publicly in 1970 not only about the horror of the war but about his own maltreatment as an Indian, repeated that phrase and began to weep.).

As Jackson took office in 1829, gold was discovered in Cherokee territory in Georgia. Thousands of whites invaded, destroyed Indian property, staked out claims. Jackson ordered federal troops to remove them, but also ordered Indians as well as whites to stop mining. Then he removed the troops, the whites returned, and Jackson said he could not interfere with Georgia 's authority.

The white invaders seized land and stock, forced Indians to sign leases, heat up Indians who protested, sold alcohol to weaken resistance, killed frame which Indians needed for food. But to put all the blame on white mobs, Rogin says, would be to ignore "the essential roles played by planter interests and government policy decisions." Food shortages, whiskey, and military attacks began a process of tribal disintegration. Violence by Indians upon other Indians increased.

Treaties made under pressure and by deception broke up Creek, Choctaw, and Chickasaw tribal lands into individual holdings, making each person a prey to contractors, speculators, and politicians. The Chickasaws sold their land individually at good prices and went west without much suffering. The Creeks and Choctaws remained on their individual plots, but great numbers of them were defrauded by land companies. According to one Georgia bank president, a stockholder in a land company, "Stealing is the order of the day."

Indians complained to Washington, and Lewis Cass replied:

Our citizens were disposed to buy and the Indians to sell.… The subsequent disposition which shall he made of these payments seems to be utterly beyond the reach of the Government… The improvident habits of the Indian cannot be controlled by regulations… If they waste it, as waste it they too often will, it is deeply to be regretted yet still it is only exercising a right conferred upon them by the treaty.

The Creeks, defrauded of their land, short of money and food, refused to go West. Starving Creeks began raiding white farms, while Georgia militia and settlers attacked Indian settlements. Thus began the Second Creek War. One Alabama newspaper sympathetic to the Indians wrote: "The war with the Creeks is all humbug. It is a base and diabolical scheme, devised by interested men, to keep an ignorant race of people from maintaining their just rights, and to deprive them of the small remaining pittance placed under their control."

A Creek man more than a hundred years old, named Speckled Snake, reacted to Andrew Jackson's policy of removal:

Brothers! I have listened to many talks from our great white father. When he first came over the wide waters, he was but a little man… very little. His legs were cramped by sitting long in his big boat, and he begged for a little land to light his fire on… But when the white man had warmed himself before the Indians' fire and filled himself with their hominy, he became very large. With a step he bestrode the mountains, and his feet covered the plains and the valleys. His hand grasped the eastern and the western sea, and his head rested on the moon. Then he became our Great Father. He loved his red children, and he said, "Get a little further, lest I tread on thee."