BOOK GUIDES
Cherokee Nation Mock Trial
2. Witness Testimony & Cross-Examination
Prosecution Witnesses: John Ross: Testifies about Cherokee efforts to assimilate, honor treaties, and resist removal peacefully. Emphasizes the Supreme Court ruling in Worcester v. Georgia in favor of Cherokee sovereignty. Cherokee Citizen: Shares personal story of loss during the Trail of Tears—family separation, illness, and death. Historian/Anthropologist: Explains the cultural, political, and legal structure of the Cherokee Nation and the illegality of forced removal under U.S. treaties. Defense Witnesses: Andrew Jackson: Defends the policy as lawful, claims it was for the "protection" of Native people, and asserts the right of the federal government to relocate tribes. Congressman: Justifies the act by citing states’ rights, westward expansion, and the will of the American people. Settler/Georgia Official: Argues that white settlers needed the land and that the Cherokee presence hindered state growth and security.
3. Closing Arguments
Prosecution: Summarizes the moral and legal failures of Indian Removal, emphasizing broken treaties, Supreme Court rulings, and the devastating human cost to the Cherokee Nation. Defense: Argues that the government acted within its constitutional authority, that the policy was broadly supported, and that historical context must be considered.
4. Jury Deliberation and Verdict The jury must decide:
Was the Indian Removal Act legal under U.S. and treaty law? Was the Indian Removal Act just and ethical in its treatment of the Cherokee Nation? Students may deliver a verdict and explain their reasoning in writing or as a presentation.
Optional Extensions Debrief discussion: What does justice look like today for historical wrongs?
Reflective writing prompt: If you were a Cherokee leader at the time, how would you respond to removal? Civic connection: How do past injustices affect Native communities' legal and political status today?
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