Jackson, Andrew, 1767-1845; Presidents -- United States -- Biography
Jackson had, indeed, great respect for the rights of the States under
the Constitution, and warned Congress not to go beyond the powers which
were clearly given to the general government. The State of Georgia had
long been discontent because the Indians were not removed from her
borders, and the President sympathized strongly with her feeling. As
soon as he was elected, the Georgia legislature passed an act dividing
up the Cherokee country into counties, and extending over them the civil
laws of the State. The act was plainly contrary to treaties between the
Indians and the Federal government, but the President refused to
interfere. On the contrary, he withdrew all United States troops from
the Indian country, and left the State to deal with the Indians as it
chose. Later on, the Supreme Court of the United States decided that the
Georgia law was unconstitutional because it took away the treaty rights
of the Cherokees. "John Marshall has made his decision," said Jackson,
"now let him enforce it." The President, in fact, was heartily in favor
of removing the Indians, and before he went out of office the last of
the Southern tribes had given up its old home for a new one in the
West.
Jackson's collision with Chief Justice Marshall over this question had
very far-reaching effects, which historians have somewhat neglected in
their study of the consequences of his course on other questions. No
statesman, no President, had done so much as the great Chief Justice to
make the general government strong and to restrain the States. Jackson,
disagreeing with some of Marshall's views, never lost an opportunity to
put on the bench a man of his own way of thinking. The result was that
many years later, when, in a great crisis, the supporters of the
national government and the leaders of States about to break away from
the Union looked to the Supreme Court to decide between them, the voice
that came from the august tribunal spoke words which Marshall and Story
would never have uttered, but which the champions of the States heard
with delight.
On these important questions, then, President Jackson acted like an
extreme Jeffersonian Democrat. But the South Carolinians soon found that
if he was ready to keep the general government from interfering with
any right that could reasonably be claimed for a State, he was equally
ready to stand up for the Union when he thought a State was going too
far.
Public-domain text, read in full here on John Shaqi.
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