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Cherokee Nation v. GA and Worcester v. GA

Cherokee Nation v. GA

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

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