WORCESTER VS. GEORGIA In the court case of Worcester vs. Georgia, the U.S. Supreme Court held in 1832 that the Cherokee Indians constituted a nation holding district sovereign powers. It did not protect the Cherokees from being removed from ancestral homeland in the Southeast.
THE CHEROKEES In the 1820s and 1830s, Georgia led a campaign to remove the Cherokees, who had territory within the borders of Georgia, North Carolina, Alabama, and Tennessee. The Cherokees then established a constitutional government in 1827. They weren’t just reconstructing their government but declaring to the American public that they were a sovereign nation that could not be removed without their consent.
SAMUEL WORCESTER A Vermont citizen who traveled to the Cherokee nation to pursue his missionary calling. However, him and six other white peoples were arrested by Georgia officials and removed from the tribal lands. They were charged for residing without a license or permit and without taking the oath to support and defend the constitution and the laws of Georgia.
CONTI. Worcester defended himself saying he was preaching to the Gospel under the authority of the President of the United States and granted permission from the Cherokee Nation. He contended that Georgia had no jurisdiction since the U.S. recognized the Cherokee has a sovereign nation. The Court disagreed and found him and the others guilty and sentenced them to 4 years of hard labor in prison.
Cherokee cited treaties with the federal government. John Marshall agreed with the Cherokee – said Georgia laws regarding the Cherokee were unconstitutional. Cherokee a distinct community with their own laws. Georgia can’t force them to do anything or enter their land without their permission. Georgia and Jackson ignored this.