How did the Supreme Court decision in Worcester vs. Georgia and the Indian removal act lead to the removal and resettlement of native Americans
The Supreme Court decision in Worcester v. Georgia (1832) and the Indian Removal Act (1830) played significant roles in the removal and resettlement of Native Americans, particularly the Cherokee Nation, from their ancestral lands. Here's how these two events contributed to their removal:
1. Worcester v. Georgia (1832):
This landmark Supreme Court case involved Reverend Samuel Worcester, who was a missionary living in Cherokee territory within the state of Georgia. Worcester and other missionaries were accused of violating a state law that required non-Native Americans to gain a license before residing in Native American territories. Worcester challenged the law, asserting that the state had no jurisdiction over the Cherokee Nation.
In a unanimous decision, Chief Justice John Marshall and the Supreme Court ruled that the state of Georgia's actions violated the Constitution's Supremacy Clause, as only the federal government had the authority to deal with Native American nations. The Court recognized that Native American tribes were "domestic, dependent nations," with their own sovereignty and the rights to self-governance and territorial integrity. As a result, the Court declared Georgia's laws null and void, and Worcester was released.
While the decision recognized the Cherokee Nation's rights and asserted federal dominance in Indian affairs, President Andrew Jackson, who had vehemently supported Indian removal policies, is often cited as saying, "John Marshall has made his decision; now let him enforce it!" Consequently, federal enforcement of the Supreme Court's ruling was lacking, and states like Georgia were emboldened to continue infringing upon Native American rights.
2. Indian Removal Act (1830):
Congress passed the Indian Removal Act in 1830, under President Andrew Jackson's administration. The act authorized the removal of Native American tribes residing in the southeastern region of the United States to designated Indian Territory, which is present-day Oklahoma. The primary aim of the act was to open up valuable Native American lands for white settlement, particularly for cotton production.
The Indian Removal Act provided the federal government with the means to negotiate treaties with Native American tribes for their voluntary removal. However, the legislation also contained provisions that enabled the government to use military force to remove tribes unwilling to relocate. Many Native American tribes, including the Cherokee Nation, resisted removal, leading to conflicts with state and federal authorities.
The combination of the Indian Removal Act and the lack of significant federal enforcement of the Worcester v. Georgia decision resulted in the forced removal of thousands of Native Americans, primarily Cherokee, using military power. The most notorious removal in this context was the Trail of Tears (1838-1839), during which approximately 15,000 Cherokee people were forcibly relocated, resulting in the deaths of thousands due to harsh conditions, disease, and violence.
In summary, the Supreme Court decision in Worcester v. Georgia affirmed Native American sovereignty, but its lack of enforcement, alongside the passage of the Indian Removal Act, ultimately led to the removal and resettlement of Native Americans from their ancestral lands, often through forced relocations such as the Trail of Tears.