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 ...
... middle of paper ...
... 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.
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.
The Indian Removal Act of 1830 was an abuse of power exerted on the Indian tribes residing in America by the people of the colonies as well as presidents at the time of their removal. Many Indians affected lost their lives, their loved one’s lives’, and the land they thrived on dating back years to their ancestors. This act would be later named “the trail of tears” because of the monumental loss the Indian tribes had endured during their displacement, and the physical and psychological damages of these people (TOTWSR).
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.
In The Cherokee Removal, Perdue and Green show the trials that the Cherokee faced in the years from 1700 to 1840. This book shows how the Americans tried to remove these Indians from the southeastern part of the United States. The Cherokees tried to overcome the attempts of removal, but finally in 1838, they were removed from the area.
As Americans sought to expand their settlements into Cherokee land, the Cherokee faced three choices: assimilate, leave their native land, or defend their sovereignty. The Cherokee Indians had lived on these lands of thousands of years before the colonist claimed it for the United States. Five million acres of land in Georgia was trying to be peaceably obtained from the Indians. The Cherokee Indians having already given portions of their lands in numerous Georgia treaties wanted to hold onto what little land they had left. When the Americans continued to occupy land that they believed they deserved the Cherokee Indians were left with no alternative but to try to defend their sovereignty.
First, the Cherokees don’t want to move to their new territory. According to Joan Marshall in the article “Allow the Cherokee To Stay” that, they were treated horrible, and they didn’t get the treaties said when they moved. The Cherokees decided to ring their problems to the U.S. Supreme Court which is just fair. The U.S. Supreme Court didn’t really favor on the Cherokees but
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.
To many the trail of tears has no meaning or relevance in their life, but for some the Trail of Tears has great meaning since many of the native ancestors endured the hardships of this time. In the 1830s, Native Americans occupied many acres of land in Georgia, Tennessee, Alabama, North Carolina, and Florida. The main reason for the Trail of Tears was because the Americans wanted the Indians’ land for themselves so they could raise their cattle, and because of the good soil so they could grow and harvest crops. Their ancestors had lived on and cultivated this land for generations, and by the end of that generation very few Native Americans remained anywhere in the Southeastern United States. Many think that The Trail of Tears was just the “Five Civilized Tribes”, but there were many other smaller tribes involved too. Some tribes agreed to sign, and others were forced into it, but either way it went they all had to leave. Many Native Americans suffered from exposure, disease, and starvation on their way to their destinations, making The Trail of Tears one of the greatest hardships in Native American history.
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.
A reworked thesis statement: Despite the Georgian's fear of brutality against the Cherokee Tribes, the Treaty of New Echota was even more significant than the state, and federal official's seizure of the Native
The tragedy of the Cherokee nation has haunted the legacy of Andrew Jackson"'"s Presidency. The events that transpired after the implementation of his Indian policy are indeed heinous and continually pose questions of morality for all generations. Ancient Native American tribes were forced from their ancestral homes in an effort to increase the aggressive expansion of white settlers during the early years of the United States. The most notable removal came after the Indian Removal Act of 1830. The Cherokee, whose journey was known as the '"'Trail of Tears'"', and the four other civilized tribes, Chickasaw, Choctaw, Creek and Seminole, were forced to emigrate to lands west of the Mississippi River, to what is now day Oklahoma, against their will. During the journey westward, over 60,000 Indians were forced from their homelands. Approximately 4000 Cherokee Indians perished during the journey due to famine, disease, and negligence. The Cherokees to traveled a vast distance under force during the arduous winter of 1838-1839.# This is one of the saddest events in American history, yet we must not forget this tragedy.
The removal of the Cherokee Indians from their lands in the southeast is the largest Indian relocation in American history (Sides 362). It was unjust for the Americans to seize Indian land in order to make room for more Americans and immigrants. The Indians had done nothing to deserve this type of brutal treatment. These Indians had no way of fighting back to the Americans, so it was both unfair and unjust. The Trail of Tears, or as Indians called it The Trail where the Wept, was a trail of sickness and despair (Ehle 385). No person should ever have to go through what the Cherokees and other tribes went through. Even though the Americans had some viable reasons to desire the Indian land, they had no right of forcibly removing the Indians out without all of their consent.
When these attempts of “pushed” removal did not work in removing the Cherokees, the state of Georgia began taking forceful and violent measures. The Cherokees were able to push many court cases involving Georgia to the Supreme Court for a ruling. By taking issues to the Supreme Court, Cherokees had a better chance of winning than fighting Georgia themselves. One of the many Cherokee and Georgia court cases that made its way to the Supreme Court, Worcester vs. Georgia is one of the many examples why the Cherokees moving west was safer for them in the long run. Within this Court cases, it was determined that Samuel Worcester being punished with hard labor for breaking one of the laws put on American citizens within Cherokee borders was null (WVG, 84). Samuel Worcester was a missionary staying within Cherokees lands to try and educate the natives but was punished for not having a license to be there (WVG, 82). But even after the court case determining this, Georgia refused to release him and other missionaries who had also been arrested (SC,
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.
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...