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[Daily National Intelligencer, Washington DC] [Cherokee Indian Tribe] [Georgia] D CBiblio.com

Daily National Intelligencer. Washington: Saturday March 10 1832

183236785Washington DC: Gales & Seaton 1832. Newspaper. Good. Newspaper. Approx. 21" x 18." 4 pages. Two folds. Sheets are detached. Newspaper has light toning. Name of R. J. Ingersoll New Haven Con" written top of issue. Possibly the same Ingersoll that served 4 terms in Congress from 1825-1833. Entire contents of page 2 concern "The Cherokee Case. Opinion of the Supreme Court delivered by Mr. Chief Justice Marshall January Term 1832. Samuel A. Worcester vs. The State of Georgia." The case is also printed on the first column of page 3. Supreme Court case of Samuel Worcester. From the Brittannica website: Worcester v. Georgia involved a group of white Christian missionaries including Samuel A. Worcester who were living in Cherokee territory in Georgia. In addition to their missionary work the men were advising the Cherokee about resisting Georgia's attempts to impose state laws on the Cherokee Nation a self-governing nation whose independence and right to its land had been guaranteed in treaties with the United States government. In an effort to stop the missionaries the state in 1830 passed an act that forbade "white persons" from living on Cherokee lands unless they obtained a license from the governor of Georgia and swore an oath of loyalty to the state. Worcester and the other missionaries had been invited by the Cherokee and were serving as missionaries under the authority of the U.S. federal government. They did not however have a license from Georgia nor did they swear a loyalty oath to that state. Georgia state authorities arrested Worcester and several other missionaries. 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. Worcester argued that Georgia had no right to extend its laws to Cherokee territory. He contended that the act under which he had been convicted violated the U.S. Constitution which gives to the U.S. Congress the authority to regulate commerce with Native Americans. The Constitution also bars the states from passing laws that alter the obligations of contracts-in this case treaties. Several treaties between the Cherokee and the U.S. government recognized the independence and sovereignty of the Cherokee Nation. Furthermore Worcester argued that the Georgia laws violated an 1802 act of Congress that regulated trade and relations between the United States and the Indian tribes. The Supreme Court agreed with Worcester ruling 5 to 1 on March 3 1832 that all the Georgia laws regarding the Cherokee Nation were unconstitutional and thus void. Writing for the court Chief Justice John Marshall held that "the Indian nations had always been considered as distinct independent political communities retaining their original natural rights as the undisputed possessors of the soil." Even though Native Americans were now under the protection of the United States he wrote that "protection does not imply the destruction of the protected." Marshall concluded: The Cherokee Nation then is a distinct community occupying its own territory.in which the laws of Georgia can have no force and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves or in conformity with treaties and with the acts of Congress. The whole intercourse between the United States and this Nation is by our Constitution and laws vested in the Government of the United States. Georgia however ignored the decision keeping Worcester and the other missionaries in prison. Eventually they were granted a pardon and were released in 1833. Pres. Andrew Jackson declined to enforce the Supreme Court's decision thus allowing states to enact further legislation damaging to the tribes. The U.S. government began forcing the Cherokee off their land in 1838. In what became known as the Trail of Tears some 15000 Cherokee were driven from their land and were marched westward on a grueling journey that caused the deaths of some 4000 of their people. The Supreme Court agreed with Worcester ruling 5 to 1 on March 3 1832 that all the Georgia laws regarding the Cherokee Nation were unconstitutional and thus void. Writing for the court Chief Justice John Marshall held that "the Indian nations had always been considered as distinct independent political communities retaining their original natural rights as the undisputed possessors of the soil." Even though Native Americans were now under the protection of the United States he wrote that "protection does not imply the destruction of the protected." Marshall concluded: The Cherokee Nation then is a distinct community occupying its own territory.in which the laws of Georgia can have no force and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves or in conformity with treaties and with the acts of Congress. The whole intercourse between the United States and this Nation is by our Constitution and laws vested in the Government of the United States. Georgia however ignored the decision keeping Worcester and the other missionaries in prison. Eventually they were granted a pardon and were released in 1833. Pres. Andrew Jackson declined to enforce the Supreme Court's decision thus allowing states to enact further legislation damaging to the tribes. The U.S. government began forcing the Cherokee off their land in 1838. In what became known as the Trail of Tears some 15000 Cherokee were driven from their land and were marched westward on a grueling journey that caused the deaths of some 4000 of their people. Gales & Seaton unknown

Americana Books ABAA · États-Unis500,00 $US≈ 423,05 €

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