The Cherokees', for the first time got what they wanted.
The Supreme Court case Worcester v. Georgia (1832) was a significant legal victory for the Cherokee Nation as it affirmed their sovereign rights and recognized that state laws had no authority within Cherokee territory. The Court ruled that only the federal government had the authority to regulate affairs with Native American tribes, thereby invalidating Georgia's attempts to impose its laws on the Cherokee. However, despite the ruling, President Andrew Jackson refused to enforce the decision, leading to continued persecution of the Cherokee and their eventual forced removal along the Trail of Tears.
In the case of Worcester v. Georgia (1832), the Cherokee Nation appeared to win a legal victory against removal. The U.S. Supreme Court ruled that the state of Georgia had no authority to impose laws within Cherokee territory, affirming the sovereignty of the Cherokee Nation. This decision, however, was largely ignored by both President Andrew Jackson and the state of Georgia, leading to the continued forced removal of the Cherokee people, known as the Trail of Tears.
victory
In 1828 the Cherokee, a "civilized" tribe who had lived in peace working as farmers, building houses and roads found gold on their land. As a result white settlers moved in and the State of Georgia claimed jurisdiction over the Cherokee. The Cherokee sued claiming they were independent from Georgia. The Supreme Court ruled in favor of the Cherokee. The victory was short lived, however, as President Andrew Jackson in response to the Courts decision is reputed to have said, "John Marshall has made his decision. Now let him enforce it." Instead the federal government removed the Indians to Oklahoma.
The Cherokee had one the supreme court but Andrew Jackson had ignored the victory of the cherokee and still removed them from their sacred lands for his use.
Worcester v. Georgia, 31 US 515 (1832)General Andrew JacksonPresident Jackson didn't refuse to enforce a US Supreme Court ruling. This is a popular myth perpetuated by the internet and other unreliable sources, arising from the ruling in Worcester v. Georgia, 31 US 515 (1832), in which the Supreme Court, under the leadership of John Marshall, declared Native Americans had a right to federal protection against enforcement of unconstitutional state laws.President Jackson never said, "John Marshall has made his decision, now let him enforce it!" In Paul Boller's book, They Never Said It: A Book of False Quotes, Misquotes, & False Attributions, historian Robert V. Remini explains Jackson wrote in a letter to John Coffee, "...the decision of the Supreme Court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate," meaning the Court's opinion was moot because it had no power to enforce its edict (not being a legislative body).In fact, Georgia did obey the Supreme Court's only substantive ruling, which ordered the release from jail of missionaries who had lived on Native American land without buying a required state license. Since Georgia complied, there was nothing to enforce.President Jackson and Congress opposed the Court's developing support of Native American rights, which they later demonstrated by seizing Native American land and displacing its inhabitants in the "Trail of Tears" tragedy.For more information about Worcester v. Georgia, see Related Questions, below.
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