The Reign of Andrew Jackson: A Chronicle of the Frontier in PoliticsOgg, Frederic Austin
History
The Reign of Andrew Jackson: A Chronicle of the Frontier in Politics
Ogg, Frederic Austin
Jackson, Andrew, 1767-1845; United States -- Politics and government -- 1829-1837
One resource remained to be exhausted in defense of the Indian claims;
this was the courts. But here again things went unfavorably. After many
delays a test case, Cherokee Nation vs. State of Georgia, was placed
upon the docket of the Supreme Court. The bill set forth the plaintiff
to be "the Cherokee Nation of Indians, a foreign State, not owning
allegiance to the United States, nor to any State of this union, nor to
any prince, potentate, or State other than their own," and it asked
that the Court declare null the Georgia Acts of 1828 and 1829 and
enjoin the Georgia officials from interfering with Cherokee lands,
mines, and other property, or with the persons of Cherokees on account
of anything done by them within the Cherokee territory. The Indians
were represented before the Court by two attorneys, one of them being
William Wirt; Georgia employed no counsel. The opinion of the Court as
announced at the January term, 1831, by Chief Justice Marshall was that
while the Cherokee nation was a State and had uniformly been dealt with
as such by the Federal Government since 1789, it was not a "foreign
State" within the meaning of the Constitution, and therefore was not
entitled to sue in that character in the courts of the United States.
"If it be true," the decision concluded, "that wrongs have been
inflicted and that still greater are to be apprehended, this is not the
tribunal which can redress the past or prevent the future. The motion
for an injunction is denied."
The case was thus thrown out of court. Yet the Cherokees were
recognized as a "domestic, dependent" nation, and there was nothing in
the decision to indicate that the extension of the laws of Georgia over
them was valid and constitutional. Indeed, in a second case that came
up shortly, Worcester vs. State of Georgia, the Court strongly backed
up the Indians' contention. Worcester was a Presbyterian missionary who
was imprisoned for violation of a Georgia statute forbidding white
persons to reside in the Cherokee territory without a license. The case
was appealed to the Supreme Court, and in the decision of March 10,
1832, Marshall affirmed the status of the Cherokees as a "nation"
within whose territory "the laws of Georgia can have no force, and
which the citizens of Georgia have no right to enter but with the
assent of the Cherokees themselves or in conformity with treaties and
with the acts of Congress." The statute was accordingly declared to be
unconstitutional and Worcester was ordered to be discharged.
Public-domain text, read in full here on John Shaqi.
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