Supreme Court Decisions
Introduction
The research paper will discuss the Supreme Court’s decision on the cases Cherokee Nation v. Georgia and Worchester v. Georgia. The discussion will cover the conflict of the decision, the decision that led to the trail of tears and the implications of the court making a decision without an execution arm.
Cherokee Nation v. Georgia
In order to understand the real cause of conflict that existed between the State of Georgia and Cherokee Nation, one needs to find the background information into the history of the Cherokee Nation. The Cherokee Nation was a native of the US covering an approximate of 140,000 square kilometers. It bordered southeastern states like North Carolina, Alabama, Tennessee as well as Georgia along its boundaries. They were first discovered by Hernando de Soto in the year 1542, and several years later, the immigrants of the English origin begun trading with the Cherokee Nation with the hope they would find help from them against the Tuscarora in the war that was upcoming against the Tuscarora tribe (Carlson, 2002). After the war, the trade that existed between the Cherokee and the English immigrants who occupied the South Carolina territory begun to grow and this led to the growth of the State of Georgia. The need for settlement among the English immigrants resulting from the growth that was evident from the trade led to a war between the Cherokee and the English colonists. This was because of the unwillingness of the Cherokee people to give away their lands to the English immigrants. Resultantly, a peace treaty was made between the two, bringing the war to an end. The peace treaty is referred to as the Treaty of Holston.
The unending growth of the State of Georgia demanded ...
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... point, or the other judged unfairly and this resulted in the brutal eviction of the Cherokee people from their historical lands, which resulted in four thousand deaths and the giving of freedom to Worcester when he did not deserve it.
Conclusion
It is apparent that the US Supreme Court disregarded the facts presented by Cherokee Nation, meaning that its decisions were not made on merit. As a result, Cherokee people were forcefully evicted from their lands. Moreover, the government of the United States seemed not to be bothered by these evictions that resulted to thousands of deaths. Similarly, the same happened in the case of Worcester v. Georgia, whereby the former was freed since the Supreme Court’s decisions could not be executed as they were not genuine. Lack of having an execution arm in the Supreme Court resulted in unfair judgments as in the cases discussed.
...y robbing the Indians of their land, the English upset and hurt many of the Native American tribes, which lead to many disputes over ownership of the land.
The case Worcester v. Georgia (1832) was a basis for the discussion of the issue of states' rights versus the federal government as played out in the administration of President Andrew Jackson and its battle with the Supreme Court. In addition to the constitutional issues involved, the momentum of the westward movement and popular support for Indian resettlement pitted white man against Indian. All of these factors came together in the Worcester case, which alarmed the independence of the Cherokee Nation, but which was not enforced. This examines the legal issues and tragic consequences of Indian resettlement.
I wish I could forget it all, but the picture of six-hundred and forty-five wagons lumbering over the frozen ground with their cargo of suffering humanity still lingers in my memory.” He says that he wishes he had not seen what he saw on this trip and he wishes it did not happen. When the Cherokees appealed to the U.S. to protect their land, the Court, led by Chief Justice John Marshall, ruled that the states were not allowed to make laws that govern the Cherokees, only the federal government can. This meant that Georgia laws don’t involve the Cherokees. Many religious groups, like the Quakers, didn’t want to force Native Americans against their will to move from their homelands.
In order to understand the lack of morality on the part of the United States, the actions taken by the group in favor of removing the Indians and their opponents needs examining. The seeds of the Indian Removal Act of 1830 are rooted in colonial times and continued to grow during the early years of the American republic. To comprehend this momentous tragedy we must first examine the historical background of the Indian '"'problem'"' and seek rationale for the American government"'"s actions. This includes looking at the men who politically justified the expulsion of the Cherokee nation and those who argued against it.
Democracy can be traced back before the coming of Christ. Throughout Greece during the sixth century democracy was in its earliest stages and as the millenniums would pass the power of government by the people would show distinct alterations. This is evident when analyzing The Cherokee Nation and the Trail of Tears by Theda Perdue and Michael D. Green. These authors illustrate how the U.S government adjusts policies from that of assimilating the Native American Indians to that of removing them from their homelands and forcibly causing the Cherokee nation to relocate themselves west of the Mississippi. In further depth Perdue and Green portray though vivid description how the government would show disloyalty and how that caused division between the tribal members of the Cherokee people. This endeavor of travel and animosity of the Indians would become known as the Trail of Tears.
Garrison, Tim Alan. The Legal Ideology of Removal: The Southern Judiciary and the Sovereignty of Native American Nations Studies in the Legal History of the South. Athens, GA: University of Georgia Press, 2002.
The article analyses the effect of the Indian Removal Act, which was approved by Jackson, on various native tribes. “The Cherokee, on the other hand, were tricked into an illegitimate treaty. In 1833, a small faction agreed to sign a removal agreement: the Treaty of New Echota. The leaders of this group were not the recognized leaders of the Cherokee nation, and over 15,000 Cherokees -- led by Chief John Ross -- signed a petition in protest. The Supreme Court ignored their demands and ratified the treaty in 1836.
The Cherokee Trail of Tears resulted from the execution of the Treaty of New Echota (1835), an “agreement” signed under the Indian Removal Act of 1830 (The Cherokee and the Trail of Tears). With the expansion of the American population, the discovery of gold in Georgia, and the need for even more land for American results in the push to move the Natives who were “in the way”. So with the Indian Removal Act of 1830, Congress acted to remove Natives on the east coast of the United States to land west of the Mississippi River, something in which was never embraced or approved by them (The Cherokee and the Trail of Tears). Many state governments, such as Georgia, did not want Native-owned land within their boundaries, while the Natives did not want to move. However, under the Removal Act, the United States Congress gave then-President Andrew Jackson the authority to negotiate removal treaties.
The Cherokee Indians, the most cooperative and accommodating to the political institutions of the united states, suffered the worst fate of all Native Americans when voluntarily or forcibly moved west. In 1827 the Cherokees attempted to claim themselves as an independent nation within the state of Georgia. When the legislature of the state extended jurisdiction over this ‘nation,’ the Cherokees sought legal actions, not subject to Georgia laws and petitioned the United States Supreme Court. The case became known as Cherokee Nation vs. Georgia in 1831. Supreme Court Justice John Marshall denied their claim as a republic within Georgia, he then deemed the Cherokee as a ‘domestic dependent nation’. One year later through the case of Worcester vs. Georgia, the Cherokee’s were granted federal protection from the molestation by the state of Georgia. Through the Indian Removal act in 1830 President Andrew Jackson appropriated planning and funding for the removal of Native Americans, Marshall’s rulings delayed this for the Cherokee Nation, and infuriated President Jackson. Marshall’s decision had little effect on Jackson and ignoring this action the president was anxious to see him enforce it.
One example of how President Jackson shirked his responsibilities to the Indian people was by ignoring the Supreme Court’s deci...
As white settlers poured across the mountains, the Cherokee tried once again to compensate themselves with territory taken by war with a neighboring tribe. This time their intended victim was the Chickasaw, but this was a mistake. Anyone who tried to take something from the Chickasaw regretted it, if he survived. After eleven years of sporadic warfare ended with a major defeat at Chickasaw Oldfields (1769), the Cherokee gave up and began to explore the possibility of new alliances to resist the whites. Both the Cherokee and Creek attended the 1770 and 1771 meetings with the Ohio tribes at Sciota but did not participate in Lord Dunnmore's War (1773-74) because the disputed territory was not theirs. On the eve of the American Revolution, the British government scrambled to appease the colonists and negotiate treaties with the Cherokee ceding land already taken from them by white settlers. To this end, all means, including outright bribery and extortion, were employed: Lochaber Treaty (1770); and the Augusta Treaty (1773) ceding 2 million acres in Georgia to pay for debts to white traders. For the same reasons as the Iroquois cession of Ohio in 1768, the Cherokee tried to protect their homeland from white settlement by selling land they did not really control. In the Watonga Treaty (1774) and the Overhill Cherokee Treaty (Sycamore Shoals) (1775), they sold all of eastern and central Kentucky to the Transylvania Land Company (Henderson Purchase).
The Cherokee marched through, biting cold, rain, and snow. Many people died during this trip from starvation, diseases, exposure, and vagaries of unknown terrains. Those who recounted this journey in later years spoke of a trip that was filled with tears borne of immense suffering and deaths during this trip and thus the name Trail of Tears. Modern scholars and champions of human rights have described this event as one of the most notorious genocides during the 19th Century. This paper will therefore attempt to prove that, the Cherokee community suffered human rights atrocities from the American government shortly before and during the Trail of Tears.
Several Native Americans from the Cherokee tribe had feared that the whites would encroach upon their settlements in the near future so they moved west of the Mississippi many years before the Indian Removal Act was put into place. This good foresight and early movement allowed for them to pick the time that they wanted to leave and they allowed themselves the leisure of moving at their own pace and stopping when they wanted which cut down on casualties extremely and this also allowed them to allocate the appropriate amount of supplies for the trip before attempting to make it prematurely and causing catastrophe to hit. They established a government and worked out a peaceful way of life with the nearby surroundings and allowed themselves to blend into the area that they desired rather than an area that was designated for them. There was always a large tension building between the whites and Cherokee which had reached its climax after the discovery of gold in Georgia. This drove a frenzy that many people wanted in on to make out with a good sum of money as gold was in high demand and worth a lot at the time. When the gold was found it started a miniature gold rush and pulled in whites and
In the essay, “The Trail of Tears” by author Dee Brown explains that the Cherokees isn’t Native Americans that evaporate effectively from their tribal land, but the enormous measure of sympathy supported on their side that was abnormal. The Cherokees process towards culture also the treachery of both states and incorporated governments of the declaration and promises that contrived to the Cherokee nation. Dee Brown wraps up that the Cherokees had lost Kentucky and Tennessee, but a man who once consider their buddy named Andrew Jackson had begged the Cherokees to move to Mississippi but the bad part is the Indians and white settlers never get along together even if the government wanted to take care of them from harassment it shall be incapable to do that. The Cherokee families moved to the West, but the tribes were together and denied to give up more land but Jackson was running for President if the Georgians elects him as President he agreed that he should give his own support to open up the Cherokee lands for establishment.
Natives were forcefully removed from their land in the 1800’s by America. In the 1820’s and 30’s Georgia issued a campaign to remove the Cherokees from their land. The Cherokee Indians were one of the largest tribes in America at the time. Originally the Cherokee’s were settled near the great lakes, but overtime they moved to the eastern portion of North America. After being threatened by American expansion, Cherokee leaders re-organized their government and adopted a constitution written by a convention, led by Chief John Ross (Cherokee Removal). In 1828 gold was discovered in their land. This made the Cherokee’s land even more desirable. During the spring and winter of 1838- 1839, 20,000 Cherokees were removed and began their journey to Oklahoma. Even if natives wished to assimilate into America, by law they were neither citizens nor could they hold property in the state they were in. Principal Chief, John Ross and Major Ridge were leaders of the Cherokee Nation. The Eastern band of Cherokee Indians lost many due to smallpox. It was a year later that a Treaty was signed for cession of Cherokee land in Texas. A small number of Cherokee Indians assimilated into Florida, in o...