The treaties helped set the stage for a later and more dramatic policy of Indian removal. Indians who resisted attempts by the whites to obtain Indian land via treaty arrangements found themselves facing "removal" further westward. The white settlers created Indian territories in Oklahoma and the western half of present-day South Dakota where the Indians would be out of the way of westward expansion. In 1830, President Jackson convinced the U.S. Congress to pass the Indian Removal Act that appropriated funds for relocation by force if necessary of Native Americans. Federal officials were sent to negotiate removal treaties with the southern tribes, many of whom reluctantly signed.
However, the Cherokees in the state of Georgia, fought their removal in the federal Supreme Court. They thought they had won when Chief Justice John Marshall ruled that the Cherokees were a "domestic dependent nation" that could not be forced by the state of Georgia to give up its land against its will. Unfortunately, President Jackson and the state of Georgia ignored the decision and moved the Native Americans to Indian Territory in Oklahoma. The Cherokees refer to their trip as "The Trail of Tears."