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
This ought to have been enough to protect the Cherokees in their
rights. But it was not, and for two reasons: the contempt of Georgia
for the Court's opinions, and the refusal of Jackson to restrain the
State in its headstrong course. Already the state authorities had
refused to take notice of a writ of error to the Supreme Court sued out
in December, 1830, in behalf of a condemned Cherokee, Corn Tassel, and
had permitted the execution of the unfortunate redskin. The state court
now refused to issue a writ of habeas corpus in behalf of Worcester,
and the prisoner was held--precisely as if the law under which he was
convicted had been pronounced constitutional--until he was pardoned by
the Governor a year later.
This action on the part of the State was, of course, nothing less than
nullification. Yet Jackson did not lift a finger. "John Marshall has
made his decision," he is reported to have said; "now let him enforce
it." The South Carolinians were quick to seize upon the inconsistencies
of the situation. Nullification in their State was apparently one
thing; in Georgia, quite another. The very fact, however, that the
Georgians had successfully defied the federal Supreme Court did much to
encourage their neighbors in a course of similar boldness. Jackson's
leniency toward Georgia has never been wholly explained. He was
undoubtedly influenced by his sympathy with the purpose of the State to
establish its jurisdiction over all lands within its borders.
Furthermore he cherished an antipathy for Marshall which even led him
to refuse in 1835 to attend a memorial meeting in the great jurist's
honor. But these considerations do not wholly cover the case. All that
the historian can say is that the President chose to take notice of the
threats and acts of South Carolina and to ignore the threats and acts
of Georgia, without ever being troubled by the inconsistency of his
course. His political career affords many such illustrations of the
arbitrary and even erratic character of his mind.
Public-domain text, read in full here on John Shaqi.
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