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Cherokee Pros And Cons

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In 1828, Georgia passed a string of laws that violated the rights of the Cherokee people. One of the law passed by the state of Georgia also allowed the removal of the Cherokee from their own land After the settlers that were after the natives land had been burn and destroying houses and towns, and trespassing among other things, with the support of the state government the Cherokee’s brought a case to the supreme court. The treaties negotiated between Georgia and the Cherokee were negotiated as the Cherokee as an Independent Nation, this guaranteed the independence of both the land and the people of the Cherokee Nations. Cherokee tried negotiating with congress and Andrew Jackson, both of which failed. The Cherokee Nation, represented by John Ross who was the principal chief of the Cherokee’s, then filed for an Injunction at the Supreme Court against Georgia repeal the unfair laws. …show more content…

Georgia (1831), found that there wasn’t enough jurisdiction to hear the case and could not resolve it. However, the Cherokee Nation did receive sympathy from the Court due to the hardships they had faced, but even though the Cherokee people are an independent nation they also were dependent on surrounding country of the United States. The Court also stated that while “foreign nations” were included in the constitution “Indian nations” were not and therefore the Supreme Court was not authorized to hear a case for “Indian nations”, and dismissed the case.(PBS) However, the judge, chief justice John Marshall ruled that “the Cherokees constituted a "domestic, dependent nation" that existed under the guardianship of the United States.”

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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

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So, the white men were fine with letting the Cherokees stay where they were UNTIL they heard there was a whole lot of gold on it, then the white men wanted the land. John Ross was committed to keeping the Cherokee land away from white men because he loved the land and Cherokee Indians a lot. He had even turned down 200,000 dollars that the white men were going to give him for the land. But, eventually, in the year 1830, things got really bad, the US Gov’t passed the Indian Removal Act and in Georgia the white men held a lottery to give away the Indians’ land. John Ross tried to use diplomacy to have the Cherokee’s rights to the land recognized.

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Whereas twenty-one Cherokees signed away all the Cherokee land east of the Mississippi river without any of Cherokee Council having signed the document or even having taken part in the drafting of the treaty, we the Cherokee Nation Are asking for a review of the circumstances of the treaty. This Treaty of New Echota was engineered by one John Ridge and supported by John F. Schimmerhorn is not supported by the Majority of the Cherokee Peoples. The monetary offering of $4.5 million to leave Georgia peacefully however generous, will not benefit the Cherokee Nation but will most likely fill the pockets of the drafters of this treaty. I am aware of the injustice of United States policy toward my people and hold out the hope that

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606 Words | 3 Pages

The second case that reached the Supreme Court concerning land ownership happened on 1831 and was given the name of Cherokee Nation v. Georgia. This case’s ruling expressed that Indians did not have a United States nationality, but they were not members of foreign states either, which ultimately appointed their tribes to be “domestic dependent nations.” In other words, although there was a distant relationship between the U.S. and the Indian tribes, the United States was still responsible for imparting well-being advantages, needs, and services for the natives since they were entitled over the Indian

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This issue came under the Supreme Court in two separate cases related to the declarations of the Cherokee nation (Keene, 244). In both cases, Cherokee Nation v. Georgia and Worcester v. Georgia, the Supreme Court ruled that Indians tribes had the right to govern themselves, as well as other rights typically associated with sovereign nations, but they did not have the right to sue the state of Georgia (Keene, 244). In the case, Worcester v. Georgia, Georgia had imprisoned two protestant missionaries because they were living on Indian land without a license. Chief Justice John Marshall determined that these missionaries were wrongfully imprisoned and that they were qualified for protection from the federal courts. Even more important, the Cherokee received an important triumph when Marshall supported that “the laws of Georgia can have no force” when it comes to Cherokee territory (Keene, 244).

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Georgia, which regarded the ideas seen in American Progress. Samuel Worcester and other settlers were accused of residing within the Cherokee Nation without approval of the Cherokees and, also, did not abide by the Georgia state laws. Worcester’s main argument was that the statute violation he was in court for was not constitutional. The court held that the Georgia statute did in fact violate the Constitution. Chief Justice Marshall delivered the opinion, which said that because the Cherokee Nation was its own distinct nation and the laws of Georgia had no precedent and the government did not have proper authority.

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Moving the Indian Tribes west of Mississippi was already a thought in the times of Monroe, who believed that it was important to the union. (Document N) However, due to all the advancements in Cherokee life, it would be hard to manipulate the Cherokee into moving west to give the U.S more land. The case of Worchester v. Georgia ended up in the Cherokee’s favor, stating that Georgia law had no place in the treaties and the Cherokee Nation, (Document P) but Andrew Jackson would not enforce it, not only because he felt he didn’t have to, but no one in Georgia would rise to protect the Cherokee from destruction.

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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

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Theda Perdue and Michael D. Green argues that although the Cherokee nation had a vibrant and dynamic culture, the fight for their lands brought to surface voices from social groups a part of the American nation that disagreed with the government decision to remove the Cherokee nation from what was rightfully theirs. “If the separate existence of the Indian tribes were an inconvenience to their neighbours, this would be a slender reason for breaking down all the barriers of justice and good faith” (Perdue and Green, 109). Not only did the discussion for Indian removal bring about a new revolution, it sets the political foundation for American women “…with the opportunity to focus their benevolent concerns on a political issue” (Perdue and

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817 Words | 4 Pages

The Indian Removal Bill, supported by President Andrew Jackson, was cordially challenged by the Cherokee in what became a Supreme Court case. The Court ruled in favor of the Cherokee and declared that the state laws of Georgia had no jurisdiction of the Cherokee. However, the Treaty of New Echota signed by Major Ridge (not the Cherokee leader at the time-John Ross was) which led to the eventual eviction of the Cherokee. Their battle was one of formality and progressiveness yet was not ultimately

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The state of Georgia ignored their autonomy and threatened to steal their land. The Cherokees took this case to the Supreme Court. Chief Justice John Marshall declared, “the Indian territory is admitted to compose a part of the United States” and that the tribes were “domestic dependent nations” and their relation to the United States resembles that of a ward to his guardian.”. But, a year later, the Cherokees won the favorable decision, but Georgia decided to ignore the court’s decision. President Jackson also refused to accept Supreme Court’s ruling.

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Treaties for Native Americans were essential to keep a good relationship with the natives. With the relocation of the natives in the Indian Removal Act many Native Americans took action in court. The famous Worcester v. Georgia case, the Supreme Court ruled Georgia’s actions as Unconstitutional due to the treaties Cherokee had with United States (Doc I). The Supreme Court, however, did not have the power to enforce the ruling which lead to Andrew Jackson forcing the Native Americans off their lands. The challenge against the government meant the Native Americans knew their rights and treaties with the United States gov’t, however, were denied of their rights and

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203 Words | 1 Pages

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

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402 Words | 2 Pages

On July 17, 1830, the Cherokee nation published an appeal to all of the American people. United States government paid little thought to the Native Americans’ previous letters of their concerns. It came to the point where they turned to the everyday people to help them. They were desperate. Their withdrawal of their homeland was being caused by Andrew Jackson signing the Indian Removal Act into law on May 28, 1830.

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130 Words | 1 Pages

The relationship between the Cherokee and the United States has changed over time. When America was first founded, the Americans wanted the Cherokee's land. The Cherokees were forced to leave by the U.S. Army. My evidence from Readworks.org is " In the 1830s, in a famous event know as the Trail of Tears, the United States Army forced the Cherokee to march to Oklahoma." This shows that Cherokee were forced to move.

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