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Compare And Contrast Cherokee Vs Georgia

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Cherokee Nation versus Georgia
In the Indian Removal Act, there were three sides to whether or not the Cherokee Nation should have their land taken from them. There was the state of Georgia, the Supreme Court, and the Cherokee Nation. In the end, it was up to the Supreme Court to decide if the Cherokee Nation was a foreign state or not, but this did not stop the state of Georgia as well as the Cherokee Nation from expressing their views on why or why not the Cherokee Nation should be considered a foreign nation.
Georgia believed that the Cherokee Nation was not a part of the United States. Since they were foreigners, in their eyes, the Courts should not be hearing the case. With this belief, according to Georgia, the Cherokee Nation had no …show more content…

One such treaty was “Treaty Hopewell”. This treaty said that the U.S. managed trades and other business affairs. It also stated that the Cherokee Nations were allowed to send a deputy to congress [McBride]. The Cherokee did not consider itself foreign because when it came to their maps, laws, history, and discourses, they were known to be a part of the super visional limits of the U.S.
Whether or not the Court thought Georgia should clear the Cherokee out, let alone hear the case, proved to be difficult. The Courts were trying to figure out if the Cherokee Nation was a legible party to sue. The issue faced with this case all comes down to the previously stated: Is the Cherokee Nation a foreign state, or is it a part of the Untied States. The answer according to the Supreme Court determines if the Eleventh Amendment takes place and if the Courts could hear the case, or if they had any jurisdiction.
In the end, the Court deemed that the Cherokee Nation was indeed a dependent nation amongst the U.S. and did not hear the case. The conclusion came from Article III of the U.S. Constitution. Thus article viewed the Native American tribes as “denominated domestic dependent nation”, and not a sovereign nation

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The Court ruled that the argument had to be viewed through the eyes of the Indians and that it would be ridiculous for Congress to give

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157 Words | 1 Pages

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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964 Words | 4 Pages

Soon the Cherokee had brought this case to the Supreme Court

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446 Words | 2 Pages

In the book, The Cherokee Removal, Perdue and Green argue that the Cherokee Nation was treated unfairly by the U.S. Government in the 1800s. The majority of Americans were not fond of the Native Americans, and the Americans felt as if the Native Americans were on their rightfully owned property. Perdue and Green display how the states were trying to remove the Natives when they write, “A state could use its legal institutions to make life for Indians so miserable that they would gladly sell their lands and flee to the West” (Perdue and Green, 73).

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181 Words | 1 Pages

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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858 Words | 4 Pages

The statement, "We solemnly and earnestly protest against that false treaty," supports the author's argument that the Cherokee Nation was deceived and forced to move even further west. However, the strength or weakness of this source remains unclear as it is unclear whether the Cherokee Nation didn't understand the Treaty or if they were intentionally tricked into

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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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1120 Words | 5 Pages

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.

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1635 Words | 7 Pages

During the earliest years of the United States when the US Constitution was written, the Founding Fathers addressed the Native Americans living on the land the earliest in Article 1, Section 8. “Congress shall have power to regulate Commerce with foreign nations...and with the Indian tribes.” (U.S. Const. Art. I, Sect. 8.)

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1959 Words | 8 Pages

Being in the middle of the South, the Creek Indians were surrounded by plantation owners and frontiersmen on all sides along with the Cherokee Indians. Being surrounded on all sides, they were in constant conflict with white protestors and squatters who believed they had a right to settle and obtain Indian land. The squatters did this with no actual approval, but a belief in Georgia is sovereign, and was not. The problem is that Georgia failed to recognize that the Creeks had proclaimed themselves their own sovereign state. But Georgia believed that the United States Constitution made this null and void.

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1951 Words | 8 Pages

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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1091 Words | 5 Pages

All that the Cherokees wanted was the liberty to remain in the land that they had been inhabiting for generations. Instead, they were tossed around like dolls by the U.S. The Native Americans stood up for themselves and the rules that the U.S. was founded on, yet they got punished. This letter from the Cherokee nation shares the same

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825 Words | 4 Pages

Georgia representatives restricted federal provisions of money for schools and agriculture due to their claim of Cherokees eventually becoming

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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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