OPPapers.com

The Cherokee Victory

The Cherokee Victory

The Cherokee Indians, the most cooperative and accommodating to the political institutions of the united states, suffered the worst fate of all Native Americans when voluntarily or forcibly moved west. In 1827 the Cherokees attempted to claim themselves as an independent nation within the state of Georgia. When the legislature of the state extended jurisdiction over this ‘nation,' the Cherokees sought legal actions, not subject to Georgia laws and petitioned the United States Supreme Court. The case became known as Cherokee Nation vs. Georgia in 1831. Supreme Court Justice John Marshall denied their claim as a republic within Georgia, he then deemed the Cherokee as a ‘domestic dependent nation'. One year later through the case of Worcester vs. Georgia, the Cherokee's were granted federal protection from the molestation by the state of Georgia. Through the Indian Removal act in 1830 President Andrew Jackson appropriated planning and funding for the removal of Native Americans, Marshall's rulings delayed this for the Cherokee Nation, and infuriated President Jackson. Marshall's decision had little effect on Jackson and ignoring this action the president was anxious to see him enforce it.
The federal government proceeded to find a way around this decision and had three minor Cherokee chief's sign the "Treaty of New Echota" in 1835 giving the Cherokee lands to the government for 5.6 million dollars and free passage west. Congress got the treaty ratified by only one vote. Members of their tribes murdered all three chiefs who took part in the signing of the treaty. After this event there was not much the Cherokee's could do and were forcibly moved west on what they called and are known today as the ‘Trail of Tears,' which became a constitutional crisis in our history. In this instance the lack of cooperation between the branches of the government was the downfall for the Cherokee nation. The way the Cherokee's were forced west caused...