Gourt Home::Gourt :: Cherokee Nation v. Georgia
Cherokee Nation v. Georgia, , was a United States Supreme Court decision.
Background
On December 20, 1828, Georgia, fearful that the United States would be unable to effect the removal of the Cherokee Nation, enacted a series of laws which stripped the Cherokee of their rights and were intended to force the Cherokee to move. In this climate, John Ross, Principal Chief of the Cherokee Nation, led a delegation to Washington in January 1829 to resolve disputes over non-payment of annuities and the boundary between Georgia and the Cherokee Nation. Rather than lead the delegation into futile negotiations with President Jackson, Ross wrote an immediate memorial to Congress, completely forgoing the customary correspondence and petitions with the President.
Ross found support in Congress from individuals in the National Republican Party such as Senators Henry Clay, Theodore Frelinghuysen, and Daniel Webster and Representatives Ambrose Spencer and David (Davy) Crockett. Despite this support, in April 1829, John H. Eaton, secretary of war (1829 - 1831) informed Ross that President Jackson would support the right of Georgia to extend her laws over the Cherokee Nation and in May 1830, Congress endorsed Jackson's policy of removal by passing the Indian Removal Act, which authorized the president to set aside lands west of the Mississippi to exchange for the lands of the Indian nations in the east.
When Ross and the Cherokee delegation failed to in their efforts to protect Cherokee lands through negotiation with the executive branch and through petitions with Congress, Ross took the radical step of defending Cherokee rights through the U.S. courts.
The case
In June 1830, a delegation of Cherokee led by Chief John Ross selected William Wirt, attorney general in the Monroe and Adams administrations, on the urging of Senators Daniel Webster and Theodore Frelinghuysen to defend Cherokee rights before the U.S. Supreme Court. The Cherokee nation asked for an injunction, claiming that Georgia's state legislature had created laws which, "go directly to annihilate the Cherokees as a political society". Wirt argued that "the Cherokee Nation * a foreign nation in the sense of our constitution and law..." and was not subject to Georgia's jurisdiction. Wirt asked the Supreme Court to null and void all Georgia laws extended over Cherokee territory on the grounds that they violated the U.S. Constitution, United States-Cherokee treaties, and United States intercourse laws.
The injunction was denied, on the grounds that the Cherokee people, not being a state, and claiming to be independent of the United States, were a domestic dependent nation, over which the Supreme Court had no original jurisdiction. Although the Court determined that it did not have original jurisdication in this case, the Court held open the possibility that it yet might rule in favor of the Cherokee.
However the 1832 Supreme Court decision Worcester v. Georgia later ruled that Georgia could not impose its laws upon Cherokee tribal lands.
See also
- Worcester v. Georgia,
- William Wirt, Attorney General in the Monroe and Adams administrations
References
- Jean Edward Smith, John Marshall: Definer Of A Nation, New York: Henry Holt & Company, 1996.
- Burke, The Cherokee Cases: A Study in Law, Politics, and Morality, 21 Stan.L.Rev. 500 (1969).
- Norgren, Jill, Cherokee Cases: Two Landmark Federal Decisions in the Fight for Sovereignty, University of Oklahoma Press (2004).
- Andrew, John, A., From Revivals to Removal Jeremiah Evarts, The Cherokee Nation, and the Search for the Soul of America, University of Georgia Press (1992)
- George, Robert P., Great Cases in Constitutional Law, Princeton University Press (2000)
External links
Cherokee tribe | 1831 in law | United States Supreme Court cases | United States Native American case law | United States Eleventh Amendment case law
"Cherokee Nation v. Georgia"