Worchester vs Georgia

The evidence of gallium passed a legal philosophy that requires all whites musical accompaniment in Cherokee territory be required to apply for a license to live there. Samuel Worchester: Missionary to the Cherokee Indian Samuel Worcester and 6 slightly other whites were convicted by the pronounce of Georgia for residing in Cherokee Indian territory without a license. Samuel Worchester argued that the state of Georgia has no authorization to pass laws ordinance activities within the Cherokee commonwealth because the U.S has made treaties with the Cherokees and determine them as a sovereign nation. He besides chat that the Georgia law violated the Intercourse Act and Indian Trade. The Georgia appeal ruled out Worchesters apology and sends him to 4 age of hard labor. Worchester then decided to mystify this trial to the absolute Court. In the Supreme Court, Chief umpire John marshall was on Worchesters side. marshal argued that the state of Geor gia did non have he power to chew the fat 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 unite 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 chthonian protection. Marshall stated that the Cherokee was a distinct community occupying its sustai n territory. Because the treaties were acce! pted in the U.S constitution, it had the ability to overrule Georgias state laws. The Court rules that the Cherokees were their own unaffiliated 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 inadequacy to get a unspoilt essay, order it on our website: OrderCustomPaper.com

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