How did the Cherokee use the courts to resist removal from their lands, and what were the results of their actions?
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The Cherokee employed several methods to resist their removal from their lands through the use of the courts. Here is an explanation of how they used the legal system to fight against their forced relocation, known as the Trail of Tears:
1. Sovereignty Arguments: The Cherokee Nation argued that they were a sovereign nation, with their own government and territory. They pointed out that they had established treaties with the United States, which recognized their independence. By asserting their sovereignty, the Cherokee sought protection for their rights and land.
2. Worcester v. Georgia: In 1832, the Supreme Court case Worcester v. Georgia ruled that the Cherokee Nation was a sovereign entity separate from the state of Georgia. The decision declared Georgia's extension of state law into Cherokee territory as unconstitutional. This ruling was a significant victory for the Cherokee, as it affirmed their right to self-governance and challenged the state's authority over them.
3. Legal Strategies: The Cherokee Nation hired lawyers, including prominent figures like William Wirt and William W. Eaton, to present their case to the courts. They sought injunctions and restraining orders to prevent the state of Georgia and federal authorities from implementing the removal policy.
Despite their efforts, the Cherokee were ultimately unsuccessful in permanently resisting removal. President Andrew Jackson and many government officials disregarded the Supreme Court's ruling in Worcester v. Georgia, famously stating, "John Marshall has made his decision; now let him enforce it."
The consequences of the Cherokee resistance were devastating. The federal government, under the Indian Removal Act of 1830, forcibly removed approximately 16,000 Cherokee people from their ancestral lands in the southeastern United States. This forced relocation culminated in the Trail of Tears, during which thousands of Cherokee died due to exposure, disease, and starvation on the arduous journey to Indian Territory, now present-day Oklahoma.
While the Cherokee Nation's legal efforts were unsuccessful in preventing their removal, they established important precedents for Native American sovereignty and laid the groundwork for future legal battles in the pursuit of their rights.