Before Andrew Jackson became the President, he served as major general in the War of 1812, Battle of New Orleans, Creek War, and the First Seminole War (“The War of 1812 and Indian Wars”). On June 18, 1812 Congress declared war on Britain which started the War of 1812 (“An Act Declaring War Against UK and Ireland”). Jackson leads an army of 2,071 Tennessee volunteers to New Orleans but is instructed to stop at Natchez, and then Secretary of War, John Armstrong sends a message ordering him to turn over his force to Wilkinson. Jackson obeys and also promises to march them back to Nashville and face numerous hardships on the journey back but pays for all of the provisions and earns himself the respect and praise of the people of Tennessee (“The …show more content…
Georgia and Worcester v. Georgia. In 1829, gold was discovered in Georgia and a gold rush occurred, and this increased the people’s determination to remove the Cherokee from their homeland (Williams 3). Following the discovery of gold, the Georgian legislature forbade the Cherokee to dig gold and in the following session they stripped them of all of their land besides their residences where they lived. Even if state judges interfered in these actions they were denied jurisdiction in such cases. (Perdue 104). This clearly shows that there was political bias and the state government was acting reactively instead of acting proactively and looking at the losses the Cherokees would face. This then instigated the case Cherokee Nation v. Georgia. In June 1830, a delegation of Cherokee led by John Ross and William Wirt, attorney general in the Monroe Administration, were selected to obtain a federal injunction against laws that were passed by the Georgia state legislature depriving them of their rights within the state borders (“Cherokee Nation v. Georgia”). They claimed that Georgia created laws that “go directly to annihilate the Cherokees as a political society,” and since they were a foreign government, Georgia’s laws were not legally binding to them. As a counter, Georgia was trying to make the point that the Cherokee Nation was not a foreign government because they did not have …show more content…
Governor George Gilmer then ordered the militia to arrest Worcester and the others and after two trials they were all convicted (“Worcester v. Georgia 1832”). The Cherokee then decided to take this case to the Supreme Court which then was Worcester v. Georgia. In this case, the Supreme Court removed the conviction of Samuel Worcester. Interestingly, Georgia did not send anyone to represent them as they said, “no Indian could drag it into court.” Supreme Court Justice John Marshall clearly established the relationship between the Indian tribes, states, and the federal government, stating that the federal government had the sole authority to deal with Indian nations (“Worcester v. Georgia”). This then nullified the Geogia statue prohibiting non-Native Americans from being present on their land without a state license. It also declared the Cherokee as a sovereign nation thus nullifying all laws that Georgia imposed on it (Ehle 24). This case would be cited and be used as a precedent in the future when the laws of tribal sovereignty and reservation system was being established. However, President Jackson blatantly ignored the ruling and responded in a famous quote, “John Marshall has made his decision, now let him enforce
When it was all said and done the Supreme Court ruled with the Federal government because they believed the Cherokees has the right to their national territory
Many said stay, many said go, and some said they shouldn’t have to follow Georgia’s laws at all. The evidence shows that they should stay and fight back because they have a lot of history on their land. One reason on why the Cherokee people should stay is because their land was passed down to them from their ancestors. The representatives of the Cherokee nation state, “Our fathers passed down
1. I do not agree with the case Georgia v. the Cherokee Nation because I feel it is not fair for Cherokees. This case just give us its purpose without any reason why those nation must move out and immigrate to new settlements in west, “[t]he full moon of May is already on the wane; and before another shall have passed away, every Cherokee man, woman and child in those states must be in motion to join their brethren in the far West.” It also forces that nation to obey by the treaty and troops. For examples, “[b]y the treaty, the emigration was to have been completed on or before the 23rd of this month…” and “[r]eceive [troops] and confide in them as such.
Often history lessons debate the ruling between the United States Supreme Court and the Cherokee Nation. In 1831 Chief Justice John Marshall deemed the Cherokee Nation a “ward to its guardian”. Chief Justice Marshall pointed to Article I, Section 8 of the Constitution as evidence; separated "foreign nations" and "Indian tribes" because they did not consider the Indian nations as either foreign or independent. [1] Since the Cherokee were not a foreign state, he concluded, the Court had no original jurisdiction powers, and so it could not grant the injunction that the Cherokee desired.
Jackson supported the white men who wanted to see this plan through, because the Indians land was very valuable. They felt they had a legal right to their land, so the Cherokee Indians took Andrew Jackson to court. The case made it all the way to the Supreme Court. Even though the Supreme court had ruled that the Cherokees had a legal right to stay on their land in Worcester v. Georgia, but Jackson still forced them out of their land. The law required the government to negotiate removal treaties fairly, voluntarily and peacefully, which Jackson did not even attempt to
Several states passed laws limiting Native American sovereignty and rights and encroaching on their territory. In a few cases, such as Cherokee Nation v. Georgia and Worcester v. Georgia, the U.S. Supreme Court were against these practices and affirmed that native nations were sovereign nations “in which the laws of Georgia and other states can have no force. As President Andrew Jackson himself noted in 1832, that if no one intended to enforce the Supreme Court’s rulings then the decisions would , in his own words, “[fall]…still born.” Basically, if no one enforced the Supreme Court’s ruling, then it might as well never happened. “Estimates based on tribal and military records suggest that approximately 100,000 indigenous people were forced from their homes during that period, which is sometimes known as the removal era, and that some 15,000 died during the journey west.”
But this time according to the appeal on the Law made in 1830 which prohibited whites from living on Indian territory after March 31, 1831, without a license from that state. So when with the Supreme Court they decided that the Cherokee did not have a right to keep and have their own government in their land, the Georgia extensions of the state's law to be agents the law. From the Indian Removal Act you can see that Andrew Jackson different Values and beliefs than the CHerokees. Andrew Jackson valued American Progress and expansion, because he wanted and continuously was trying to remove the indians out of their land because he believed that they were obstacles to the american progress.
While white settlers bought up lottery tickets and a chance at Cherokee land, the Georgia Legislature began to pass new laws that would override Cherokee sovereignty. Georgia ruled that meetings of the Cherokee Legislature and courts would be illegal and anyone living on Cherokee land and not Cherokee were subject to approval under Georgia law. Some would blatantly reject these imposes of Georgia, one being Samuel Worchester, a white missionary who lived in Cherokee territory for years was jailed and sentenced to “hard labor.” Georgia state legislator’s efforts, were in essence to write the Cherokees out of existence, ignoring the nation’s constitution, borders and laws in the pursuit of Cherokee land. When Cherokee’s approached President
Andrew Jackson, a former military general and plantation owner, was elected as the nation’s 7th president in 1828. Due to his popularity, it wasn't a hard election for him to win. He had done many things before the election to win over the people, and continued to do so after he was elected. Like presidents before him, he came into office with a list of goals he wanted to complete before his term ended. Jackson, seeing himself as a man of the people, wanted to focus on and help the middle working-class people.
In 1829, when President Andrew Jackson took office, one of his main goals were to move the Native Americans to the west of the Mississippi River. Jackson's purpose for their movement was to give the white settlers the land that the Native's had resided on and Jackson also had a strong belief that a good Indian was a dead Indian. When the Native Americans were ordered to move, the Cherokees went to the Supreme Court to challenge the removal order. In the case of Worester vs. Georgia, the verdict stated that the Cherokees had the right to keep their land, but Jackson refused to recognize the Court's decision. Jackson's Native American policy resulted in the removal of the Cherokee from their homeland to settlements across the Mississippi River,
Cherokee Chief John Ross began to devise a plan to counter this removal and he stated with the Blood Law which stated that any Cherokee that made a deal to sell land to the United States without the consent of the entire tribe faced dire and certain consequences. Chief Ross then set out to take the Cherokee case all the way to the U.S. Supreme Court. In the case of Worcester v Georgia the U.S. Chief Justice, John Marshall ruled The Cherokee Nation is a distinct community, occupying its own territory with boundaries accurately described and which the laws of Georgia can have no force and which the citizens of Georgia have no right to enter but with the consent of the Cherokees themselves. The Cherokees were astatic with this ruling. However,
The Indian removal caused a major fight in the Congress, “the removal bill passed the Senate 28 to 19, but passed by the House by only a 102-98 vote.” ; one of the opponent the Congressman Davy Crockett of Tennessee call the bill “oppression and vengeance”. (Fraser 276). It meant that how Jackson’s act was not accepted by the Congress. Moreover, when the Cherokees claimed their lands in the U.S. courts, the U.S. Supreme Court, under the Chief Justice John Marshall ruled that the Cherokees could not be
The Cherokees lost. The Cherokees felt cheated in the Georgia state court, so they appealed to the Supreme Court. John Marshal is the Chief Justice, and the Cherokees win. However, Georgia’s not done, they
In 1831, the Cherokee went to the Supreme Court for help. Their appeal was based on an
But the Cherokee still didn’t agree. The Cherokee should be moved off of the Georgia land because they would still have to live their way of living, they killed many Americans, and they