Samuel Worchester: Missionary to the Cherokee Indian
Samuel Worcester and 6 some other whites were convicted by the state of Georgia for residing in Cherokee Indian territory without a license.
Samuel Worchester argued that the state of Georgia has no authority to pass laws ordinance activities within the Cherokee nation because the U.S has made treaties with the Cherokees and identified them as a sovereign nation. He besides express that the Georgia law violated the Intercourse Act and Indian Trade.
The Georgia appeal ruled out Worchesters plea and sends him to 4 age of hard labor. Worchester then decided to take this trial to the absolute Court.
In the Supreme Court, Chief Justice John marshall was on Worchesters side. Marshall argued that the state of Georgia did non have he power to impose the law on Worchester because he is not in the Georgia jurisdiction.
Marshall also argued that the relationship between the federal government and the American Indians were communicable from Great Britain following independence by the United States. He argued that there are several treaties between the U.
S and the Cherokees that granted the Cherokee commonwealths sovereignty and right the self-government.
As a result, the U.S should single consider the Indian nations to be under protection. Marshall stated that the Cherokee was a distinct community occupying its own territory. Because the treaties were accepted in the U.S constitution, it had the ability to overrule Georgias state laws.
The Court rules that the Cherokees were their own independent nation and that Georgia is violating the war paint by trying to impose laws.
So in the end, the Indian nations were recognized as an independent nation and no other U.S states can impose laws towards the Indians.If you want to get a unspoilt essay, order it on our website: Orderessay
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