The state of affairs in 1828
By 1828, new states had been added and many had drawn their borders to overlap Indian territory. Some of these states, especially Georgia, believed that state laws should apply to everyone living within their borders. The state legislature of Georgia, enacted a series of laws which stripped the Cherokee of their rights under the laws of the state. Indians believed that they should be exempt from state laws within their territorial boundaries.
The idea of removing Native Americans from east of the Mississippi was gaining favor in congress.