By: Katharyn Gordon

Worcester v. Georgia Case

“Lady Justice”

In 1830, Georgia passed a law requiring its citizens to get a state regulated license before entering into Cherokee territory.

What law was violated?

This law was passed along with a series of others in order to suppress the Cherokee Nation.

Why was this law passed?

Samuel WorcesterWas a missionary and a known supporter of the Cherokee’s resistance to Georgia’s removal efforts He resided within the Cherokee nation without a license, was brought to court, and convicted along with a few other missionaries.He appealed his conviction to the Supreme Court. Photograph of Samuel Worcester

Preserved by New Echota Historical Site

During the Trial

Attorneys proved that Native American communities were thought of as “separate nations” dating back to the time of early colonial America.

They also argued that the “treaties and laws” of the time viewed the territory as completely separated from the states; therefore all interaction with them must be carried on exclusively by the federal government.

The Supreme Court ruled that only the United States, and not the individual states, had the power to regulate or deal with the Indian Nations. So, Samuel Worcester’s conviction was void.

Verdict?

Chief Justice John MarshallPrior to the trial, John Marshall publicly spoke out against Georgia’s treatment of the Cherokee and even the United State’s treatment of Native Americans in general.

Majority Voters

Gabriel Duvall John Marshall Smith Thompson

Majority Voters

John McClean Joseph Story

DissentHenry Baldwin dissented for reasons of “merits”

Effect of the trial on the CherokeeThe Worcester v. Georgia trial had major implications on the fate of the Cherokee. The case’s ruling that states did not have the authority to interact or make laws that would affect the Cherokee could have prevented Georgia’s removal efforts.

However Georgian officials ignored this decision...

And Andrew Jackson refused to enforce it and is believed to have said,“John Marshall has made his decision. Now let him enforce it!” cit. New Georgia Encyclopedia

What happened afterwardsAbout 20,000 Cherokee were forced to move westward in a march to Oklahoma known as the “Trail of Tears, and about 5,000 people died along the way.Cit. http://www.ushistory.org/us/24f.asp

Cherokee leaders had hoped the Supreme Court’s decision would persuade the United States government into intervening against Georgia’s removal efforts, alas, that was not the case. Though the Supreme Court made their statement clear, the other two government branches had their own agenda.

What I took from this caseWhen it comes to our country’s vital interests, human rights take a backseat. Despite the case being about the issue of Samuel Worcester’s conviction for residing in Indian Territory without a license, the issue of Native’s rights became a topic of debate.

I believe that we as Americans have a duty to pay attention to foreign affairs. We need to hold our government accountable for violations of human rights NOW and not wait until our great grand children learn about the awful things we did to other groups in our generation.What is the point of history if nothing changes?

Works CitedArtwork and Photographs:Gray, Philippe. “Efficiency, Productivity and Swords of Truth.“ Law Technology Today. 14 Apr. 2014. Web. 5 Dec. 2015. “Old Books Desktop Background.” Img Need. Web. 5 Dec. 2015Samuel A. Worcester. N.d. New Echota Historical Site, n.p.Inman, Henry. John Marshall. 1832. Oil on canvas. Library of Virginia, Virginia.Gabriel Duvall. N.d. Supreme Court Historical Society, n.p.William Johnson, N.d. The Collection of the Supreme Court of the United States, n.p.Brady, Mathew. Daguerreotype of Joseph Story. 1844. Studio of Mathew Brady, n.p.Durand, Ashur B. Smith Thompson. N.d. The Collection of the Supreme Court of the United States, n.p.Brady, Mathew. Daguerreotype of John McLean. 1849. Beinecke Rare Book & Manuscript Library, Washington D.C.Portrait of Henry Baldwin. N.d. Supreme Court Historical Society, n.p.

Works CitedResearch: “The Trail of Tears, The Indian Removals.” Ushistory.org. Independence Hall Association, n.d. Web.28 Oct. 2015McBride, Alex. “Cherokee Indian Cases (1830s).” PBS. PBS, 1 Dec. 2006. Web. 5 Dec. 2015.“Worcester v. Georgia.” Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Dec 5, 2015.Williams, Richard R. “Court Ruling Finally Ends Cherokees’ Sad Journey.” Denver Post Mar 07 2001. ProQuest. Web. 28 Oct. 2015Marshall, John, and S.A. Worcester. Opinion of the Supreme Court of the United States, at January Term 1832. Washington: Printed by Gales and Seaton, 1832. Print.Garrison, Tim Alan. “Worcester v. Georgia (1832).” New Georgia Encyclopedia. New Georgia Encyclopedia, 27 Apr. 2004. Web. 06 Dec. 2015.