The responsibility of tabun proceeded a law that requires all whites certification in Cherokee territory be required to apply for a license to live there. Samuel Worchester: Missionary to the Cherokee Indian Samuel Worcester and 6 differently whites were convicted by the state of Georgia for residing in Cherokee Indian territory without a license. Samuel Worchester argued that the state of Georgia has no authority to pass laws regulate activities within the Cherokee nation because the U.S has made treaties with the Cherokees and identified them as a sovereign nation. He in addition conjecture that the Georgia practice of law violated the Intercourse work out and Indian Trade. The Georgia approach ruled out Worchesters plea and sends him to 4 days of hard labor. Worchester then firm to take this trial to the lordly Court. In the Supreme Court, head Justice John marshall was on Worchesters side. marshall argued that the state of Georgia did non have he power to apply the law on Worchester because he is not in the Georgia jurisdiction. Marshall also argued that the relationship among the federal regimen and the American Indians were transmissible from Great Britain following independence by the United States. He argued that there are several treaties between the U.
S and the Cherokees that granted the Cherokee estates sovereignty and remedy the self-government. As a result, the U.S should simply consider the Indian nations to be under protection. Marshall stated that the Cherokee was a distinct lodge occupying its own territory. Because the treat ies were recognize in the U.S constitution,! it had the ability to overthrow Georgias state laws. The Court rules that the Cherokees were their own indie nation and that Georgia is violating the organic law by hard to lower laws. So in the end, the Indian nations were recognized as an independent nation and no other U.S states can impose laws towards the Indians.
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