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Was a United States Supreme Court Case in 1831
The State of Georgia created laws that removed rights
from the Cherokee Nation in an attempt to make them
leave their historic lands.
In response the Principal Chief of the
Cherokee Nation, John Ross, took to
the United States Congress where he
found support from Senators like
Henry Clay.
However Ross was informed that President Jackson
would support Georgia's laws to extend over the
Cherokee Nation.
Ross took this ruling to the Supreme Court, where he argued
that the Cherokee Nation was a foreign entity and Georgia
had no authority over them.
The Court ruled that Indian Tribes were not foreign nations rather they were "domestic dependent nations", Supreme Court Justice John Marshall said "an Indian tribe or nation within the United States is not a foreign state in the sense of the constitution, and cannot maintain an action in the courts of the United States." However, he said with a proper
case and proper parties they might rule in favor of
the Cherokee Nation.
In 1832 the Supreme Court heard the case
"Worcester vs. GA".
Georgia had passed laws stating that no American could live
on Indian lands without a permit, many people refused and
as a result were arrested and sent to prison.
Samuel Worcester was arrested after he refused
to leave Cherokee Lands, he had his title as the
Post Master of New Echota, the Cherokee Capital,
removed so that he could be arrested.
Supreme Court Justice John Marshall ruled that
the Cherokee Nation was a "distinct community"
where the laws of Georgia "can have no force".
"Worcester v. Georgia" also ruled that it was the
Federal government, through conquest and political
domination, not the state government that had control
over Indian Nations and Tribes.
However President Jackson continued with
Cherokee Removal, he signed a removal treaty
"The Treaty of New Echota", that under
Martin van Buren the army foribly relocated
the Cherokees, the march became known as
"The Trail of Tears".
Samuel Worcester was freed as a result of the
case.
http://en.wikipedia.org/wiki/Cherokee_Nation_v._Georgia
http://en.wikipedia.org/wiki/Worcester_v._Georgia
http://www.georgiaencyclopedia.org/nge/Article.jsp?id=h-2720
http://georgiainfo.galileo.usg.edu/cherovga.htm
http://msit.gsu.edu/socialstudies/courses/6560_04/worcester/worcester.htm