70 likes | 343 Views
Significance. It constituted a striking departure from the Supreme Court earlier treatments involving Native Americans. Worcester v. georgia 1832. Worcester vs. Georgia.
E N D
Significance • It constituted a striking departure from the Supreme Court earlier treatments involving Native Americans.
Worcester vs. Georgia • In the court case of Worcester vs. Georgia, the U.S. Supreme Court held in 1832 that the Cherokee Indians constituted a nation holding district sovereign powers. • It did not protect the Cherokees from being removed from ancestral homeland in the Southeast.
The Cherokees • In the 1820s and 1830s, Georgia led a campaign to remove the Cherokees, who had territory within the borders of Georgia, North Carolina, Alabama, and Tennessee. • The Cherokees then established a constitutional government in 1827. • They weren’t just reconstructing their government but declaring to the American public that they were a sovereign nation that could not be removed without their consent.
Samuel Worcester • A Vermont citizen who traveled to the Cherokee nation to pursue his missionary calling. • However, him and six other white peoples were arrested by Georgia officials and removed from the tribal lands. • They were charged for residing without a license or permit and without taking the oath to support and defend the constitution and the laws of Georgia.
Conti. • Worcester defended himself saying he was preaching to the Gospel under the authority of the President of the United States and granted permission from the Cherokee Nation. • He contended that Georgia had no jurisdiction since the U.S. recognized the Cherokee has a sovereign nation. • The Court disagreed and found him and the others guilty and sentenced them to 4 years of hard labor in prison.
Cherokee cited treaties with the federal government. • John Marshall agreed with the Cherokee – said Georgia laws regarding the Cherokee were unconstitutional. • Cherokee a distinct community with their own laws. • Georgia can’t force them to do anything or enter their land without their permission. • Georgia and Jackson ignored this.