Samuel+Worcester+V.+Georgia+(Handout)


 * Samuel Worcester and the Cherokees **

For hundreds of years, the Cherokee Nation of Indians had lived in Georgia. When their territory was controlled by the British, the Cherokees had treaties (agreements) with the English that recognized their sovereignty. This meant the tribe was almost treated like a foreign nation within the colony of Georgia. They had control of their lands and rights under the treaties. Changes had to be negotiated and agree upon. After the Revolutionary War and American Independence, the federal government took over the duties of these treaties with the Cherokee and many other tribes as well. But as the fourth state admitted to the Union, the population continued to grow. Settlers crowded in on Cherokee lands. When gold was discovered in northern Georgia in the 1830s, America experienced its first gold rush, and more people flooded the state. Pressure was put on the government of Georgia and the federal government to remove the Cherokee from their lands and send the tribe to more western lands in the interior of the country.

The Cherokee fought against these proposals. They built Anglo sttyle towns, adopted American ways, established newspapers, and hired lawyers. They adopted a constitution and established a capital at the town of New Echota. They also gained supporters from the white population who believed the Cherokee and other Indian tribes were being treated unfairly.

One of these was Samuel Worcester. A missionary and a printer, he moved to the Cherokee territory of Georgia and took up the Cherokee cause. He set up a printing house and helped the Cherokees publish a newspaper to bring them together and advocate for their rights. He also worked with others inside and outside the state fighting for Indian rights.

The legislature of Georgia passed a law to block these activities. The law made it a crime for any non-Indian to be on Cherokee Indian lands without getting a permit from the governor.

Worcester and 11 others were arrested for violating the law. He was convicted at trial and sentenced to four years hard labor. He appealed his conviction to the U.S. Supreme Court.


 * The Case**

The case came before the Supreme Court in 1832. After oral argument on the case, Chief Justice Marshall wrote the opinion for the majority.

The court reversed the conviction of Samuel Worcester and held that the statute was unconstitutional. The opinion explained that under Article VI of the U.S. Constitution, agreements entered into by the U.S. government, such as treaties, are the supreme law of the land. Previous treaties between the U.S. government and the Cherokee Indians recognized their sovereignty and their right to self-government. Under the Constitution, only the federal government had authority over Indian treaties and regulations.

State governments such as Georgia did not have these powers. Making a law concerning who could be on Cherokee territory violated the Constitution. The state could not make laws that applied to Cherokee territory or regulate who could be on Indian Territory. Under the

Constitution, a state is limited in exercising legislative power only over its own citizens within its own borders.

Chief Justice Marshall stated:

The Acts of Georgia are repugnant to the Constitution, laws, and treaties of the United States. They interfere forcibly with the relations established between the United States and the Cherokee Nation, the regulation of which according to the settled principles of our Constitution, are committed exclusively to the government of the Union. The authorities in Georgia were not happy with the decision. Only after a new governor was elected was Samuel Worcester released.