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Chief Justice John Marshall (1801 - 1835) declared that the state of Georgia had no right to violate the Cherokee treaty in Cherokee Nation VS Georgia 30 U.S. 1, 5 Pet; 8 L.Ed. 25 (1831)
In Worcester v. Georgia, (1832) Marshall expressed the opinion that the Cherokee was a sovereign nation and only the federal government had the right to regulate them. Further, the Cherokee had no obligation to follow Georgia law within their own territory. Marshall also informed Georgia that it had no right to make laws governing the use of Cherokee land.Unfortunately, Marshall's admonition fell on deaf ears. Congress, under the Jackson administration, had already passed The Indian Removal Act of 1830, a planned relocation of Native American nations like the Creek, Choctaw, Seminole, Chickasaw and Cherokee from their ancestral homes to less desirable property west of the Mississippi River. By the time the Worcester decision was rendered, the Choctaw had already been removed, and the Seminole were in the process of resettlement.In 1838, a mere six years after the Supreme Court's landmark decision, the Cherokee were forced to walk over 1,000 miles from their homeland to government land in what is now Oklahoma. This travesty of justice caused hundreds of Cherokee to die of disease, exposure and starvation, and became known as the "Trail of Tears."Case Citation:Worcester v. Georgia, 31 US 515 (1832)
Jackson supported Georgia's efforts to remove the Cherokee
the cherokee sued the state government and eventually took their case to the supreme court. in worcester V. Georgia (1832) chief justice John marshall ruled that georgia had no right to interfere with the cherokee. only the federal government had authority over matters involving the cherokee. president jackson had supported Georgia's efforts to remove the cherokee. he vowed to ignore the supreme court's ruling.
In Worcester v. Georgia, (1832) Marshall expressed the opinion that the Cherokee was a sovereign nation and only the federal government had the right to regulate them. Further, the Cherokee had no obligation to follow Georgia law within their own territory. Marshall also informed Georgia that it had no right to make laws governing the use of Cherokee land.Case Citation:Worcester v. Georgia, 31 US 515 (1832)In Worcester v. Georgia, the US Supreme Court decided the states (in this case, Georgia) had no right to redraw the boundaries of Native American territories, or to require white people to purchase a license to live on the land. As a result, the lower court decision convicting eleven missionaries of violating state law by refusing to purchase a permit to live on Cherokee land was reversed.Georgia ignored the order to stop interfering with the Cherokee's rights, and President Jackson made no effort to enforce the order because he had no legal obligation to do so, and sympathized with Georgia's interests.Case Citation:Worcester v. Georgia, 31 US 515 (1832)For more information, see Related Questions, below.
Chief Justice John Marshall, personally, supported the Cherokee efforts to retain their land, but never had an opportunity to write a legal decision supporting his beliefs. Marshall expressed his opinion that the US government owed the Cherokee protection from Georgia in his opinion in Worcester v. Georgia, (1832), but this was not part of the legal ruling because the United States wasn't party to the case.
What are two things the Cherokee did to fit into Georgia's society? Read more
The Cherokee High School in Georgia is located in Cherokee County in Georgia. It is one of eight public schools in the Cherokee County School District.
No. The case had nothing to do with mining.Worcester v. Georgia (1832) addressed a Georgia law requiring whites living in Cherokee territory to obtain a permit from the state. When seven missionaries refused to follow the law, they were convicted and sentenced to four years hard labor.When the appeal reached the Supreme Court, Chief Justice Marshall stated the United States relationship to the Cherokee was that of two separate nations, giving the federal government the sole right of negotiation with the Native American nations, and barring Georgia from taking action against them. Marshall further opined that the government did not have the right of possession of Native American land, nor dominion over their laws, short of military conquest or legal purchase.According to Marshall, the Cherokee weren't bound by Georgia state law while in their own territory, and Georgia couldn't make laws regarding use of their territory.He also ordered Georgia to release the missionaries, which it did.
Fourth Chief Justice John Marshall (1801-1835) made that declaration in the Supreme Court's decision for Worcester v. Georgia, (1832). Marshall also stated the federal government had a duty to protect the Cherokee Nation from Georgia's aggression, but the Congress and President Jackson ignored the suggestion because it wasn't part of the legal ruling.Case Citation:Worcester v. Georgia, 35 US 515 (1832)
In the case of Cherokee Nation vs. Georgia, the Supreme Court declined even to hear the case, because the Supreme Court had no real jurisdiction over the case, since the Cherokees were their own separate nation.
In worceter v. Georgia chief justice john marshall ruled that the state of Georgia?