SIGNIFICANCE It constituted a striking departure from the Supreme Court earlier treatments...
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Transcript of SIGNIFICANCE It constituted a striking departure from the Supreme Court earlier treatments...
SIGNIFICANCE
It constituted a striking departure
from the Supreme Court earlier
treatments involving Native Americans.
WORCESTER V. GEORGIA 1832
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.