Worchester vs Georgia

The evidence of tabun passed a faithfulness that requires all whites keep in Cherokee territory be required to apply for a license to live there. Samuel Worchester: Missionary to the Cherokee Indian Samuel Worcester and 6 nigh other whites were convicted by the estate of Georgia for residing in Cherokee Indian territory without a license. Samuel Worchester argued that the state of Georgia has no spot to pass laws ordinance activities within the Cherokee nation because the U.S has made treaties with the Cherokees and place them as a sovereign nation. He besides indicate that the Georgia law violated the Intercourse Act and Indian Trade. The Georgia appeal ruled out Worchesters exculpation and sends him to 4 age of hard labor. Worchester then decided to allow in this trial to the absolute Court. In the Supreme Court, Chief umpire John marshall was on Worchesters side. marshall argued that the state of Georgia did non have he power to take do wn 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 join 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 to a lower place protection. Marshall stated that the Cherokee was a distinct community occupying its testify territory. Because the t reaties were accepted in the U.S constituti! on, it had the ability to overrule Georgias state laws. The Court rules that the Cherokees were their own fencesitter 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 neediness to get a unspoilt essay, order it on our website: BestEssayCheap.com

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