Cherokee Nation v. Georgia
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| Cherokee Nation v. Georgia | |||||||||
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| Decided March 18, 1831 |
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| Holding | |||||||||
| The Supreme Court did not have original jurisdiction under Article III of the Constitution to hear a suit brought by the Cherokee Nation, which as an Indian tribe, was not a sovereign nation. | |||||||||
| Court membership | |||||||||
| Chief Justice: John Marshall Associate Justices: William Johnson, Gabriel Duvall, Joseph Story, Smith Thompson, John McLean, Henry Baldwin |
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| Case opinions | |||||||||
| Majority by: Marshall Joined by: McLean Concurrence by: Johnson Concurrence by: Baldwin Dissent by: Thompson |
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| Laws applied | |||||||||
| U.S. Const. art. III | |||||||||
Cherokee Nation v. Georgia, , was a United States Supreme Court decision.
[edit] Background
On December 20, 1828, Georgia, fearful that the United States would be unable to effect the removal of the Cherokee Nation, enacted a series of laws which stripped the Cherokee of their rights and were intended to force the Cherokee to move. In this climate, John Ross, Principal Chief of the Cherokee Nation, led a delegation to Washington in January 1829 to resolve disputes over non-payment of annuities and the boundary between Georgia and the Cherokee Nation. Rather than lead the delegation into futile negotiations with President Jackson, Ross wrote an immediate memorial to Congress, completely forgoing the customary correspondence and petitions with the President.
Ross found support in Congress from individuals in the National Republican Party such as Senators Henry Clay, Theodore Frelinghuysen, and Daniel Webster and Representatives Ambrose Spencer and David (Davy) Crockett. Despite this support, in April 1829, John H. Eaton, secretary of war (1829 - 1831) informed Ross that President Jackson would support the right of Georgia to extend her laws over the Cherokee Nation and in May 1830, Congress endorsed Jackson's policy of removal by passing the Indian Removal Act, which authorized the president to set aside lands west of the Mississippi to exchange for the lands of the Indian nations in the east.
When Ross and the Cherokee delegation failed in their efforts to protect Cherokee lands through negotiation with the executive branch and through petitions with Congress, Ross took the radical step of defending Cherokee rights through the U.S. courts.
[edit] The case
In June 1830, a delegation of Cherokee led by Chief John Ross selected William Wirt, attorney general in the Monroe and Adams administrations, on the urging of Senators Daniel Webster and Theodore Frelinghuysen to defend Cherokee rights before the U.S. Supreme Court. The Cherokee nation asked for an injunction, claiming that Georgia's state legislation had created laws which, "go directly to annihilate the Cherokees as a political society". Wirt argued that "the Cherokee Nation [was] a foreign nation in the sense of our constitution and law..." and was not subject to Georgia's jurisdiction. Wirt asked the Supreme Court to null and void all Georgia laws extended over Cherokee lands on the grounds that they violated the U.S. Constitution, United States-Cherokee treaties, and United States intercourse laws.
The injunction was denied, on the grounds that the Cherokee people, not being a state, and claiming to be independent of the United States, were a "denominated domestic dependent nation", over which the Supreme Court had no original jurisdiction. Although the Court determined that it did not have original jurisdiction in this case, the Court held open the possibility that it yet might rule in favor of the Cherokee.
However the 1832 Supreme Court decision Worcester v. Georgia later ruled that Georgia could not impose its laws upon Cherokee tribal lands.
[edit] External links
| Trials: | Cherokee Nation v. Georgia • Colliflower v. Garland • Standing Bear v. Crook • Cobell v. Kempthorne • Talton v. Mayes |
| Acts: | Indian Civil Rights Act • Civilization Act • Pueblo Lands Act • Native American Technical Corrections Act • American Indian Religious Freedom Act • Burke Act • Dawes Act • Native American Graves Protection and Repatriation Act • Indian Child Welfare Act • Indian Citizenship Act of 1924 • Indian Gaming Regulatory Act • Indian Intercourse Act • Indian Removal Act • Indian Reorganization Act • Oklahoma Indian Welfare Act |
| Other: | Public Law 280 • National Indian Gaming Commission • Dawes Rolls • Eagle feather law |
