Marshall wrote that multiple treaties between the United States and the Cherokee Nation again and again affirmed the Cherokee Nation's right to self-government and recognized it as a distinct community, occupying its own territory, over which the state of Georgia had no right. [10][11] Under the Judiciary Act of 1789, Supreme Court cases were to be remanded back down to the lower court for final execution of the Supreme Court's judgment. See Article History. After they were convicted at trial in 1831 and sentenced to four years of hard labour in prison, Worcester appealed to the U.S. Supreme Court. This article was most recently revised and updated by,, New Georgia Encyclopedia - Government and Politics - Worcester Vs Georgia, Cornell University Law School - Legal Information Institute - Worcester v. Georgia, Worcester v. Georgia - Children's Encyclopedia (Ages 8-11), Worcester v. Georgia - Student Encyclopedia (Ages 11 and up). Based on these arguments, Marshall wrote that the act of the state of Georgia under which the plaintiff was prosecuted was void. Worcester argued that Georgia had no right to extend its laws to Cherokee territory. During this period, the westward push of European-American settlers from coastal areas was continually encroaching on Cherokee territory, even after they had made some land cessions to the US government. He believed the state of Georgia overstepped their boundaries, for they did not maintain jurisdiction to enforce the law within the Native land. William Wirt argued the case, but Georgia refused to have a legal counsel represent it, because the state believed the Supreme Court did not have authority to hear the case.[3]. The case was filed by Worcester who claimed that his family’s forced removal was a violation of his constitutional rights. Pres. Once the law had taken effect, Governor George Rockingham Gilmer ordered the militia to arrest Worcester and the others who signed the document and refused to get a license. 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional. [27] Worcester and Butler were freed from prison. "[4], In a popular quotation that is believed to be apocryphal, President Andrew Jackson reportedly responded: "John Marshall has made his decision; now let him enforce it! [35] Removal of the Cherokee nation would begin just three years after Samuel Worcester and Elizur Butler were released from Georgia prison, and forced migration would commence via the Trail of Tears in 1838.[36]. and its Licensors [28] Worcester and Butler were criticized by supporters of the Nullification effort, accusing them of aiding Jackson's effort to inaugurate war against South Carolina. President Andrew Jackson, who had pushed Congress to approve the Indian Removal Act in 1830, ignored the ruling and sent in the National Guard. Although Pres. Representatives for both sides negotiated for a new letter to be drafted by the missionaries, which was delivered to Lumpkin the following day. Andrew Jackson refused to enforce the ruling, the decision helped form the basis for most subsequent law in the United States regarding Native Americans.

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