Worcester v. Georgia
Worcester v. Georgia is a significant Supreme Court case from the early 19th century involving Reverend Samuel Worcester, a missionary who was imprisoned for violating a Georgia law that restricted residency in Cherokee territory. The case arose when Worcester challenged his conviction, leading to a Supreme Court ruling that found the Georgia law unconstitutional. The Court, led by Chief Justice John Marshall, asserted that the Cherokee Nation was a distinct political entity with its own rights and sovereignty, emphasizing the federal government's obligations under treaties with Native American tribes. However, despite the Court's decision in favor of Worcester and the recognition of Cherokee sovereignty, the ruling had little immediate effect due to non-compliance by Georgia and the federal government’s actions, particularly under President Andrew Jackson, which contributed to the forced removal of the Cherokee people, known as the Trail of Tears. The case highlighted ongoing tensions between state laws and federal treaties regarding Native American rights and sovereignty, leaving a lasting impact on legal interpretations of these issues in the United States.
Worcester v. Georgia
Date: February 20, 1832
Citation: 6 Pet. (31 U.S.) 515
Issue: Native American sovereignty
Significance: The Supreme Court held that the federal government had exclusive jurisdiction over territories owned by Native Americans. It also recognized that the tribes retained significant claims to sovereignty.
The Reverend Samuel Worcester was a Christian missionary who was convicted and imprisoned for disobeying a Georgia law that required white men to have a state license to live in Indian territory. When Worcester appealed his conviction, the Supreme Court had clear jurisdiction to consider the case under a writ of error. By a 5-1 margin, the Court held that the Georgia law violated three legal principles: the commerce clause of the U.S. Constitution, the Cherokee treaties with the federal government, and the residual sovereignty rights of the Cherokee Nation. In a far-reaching opinion, Chief Justice John Marshall wrote that the Indian tribes remained “distinct, independent political communities,” possessing their own territory and substantial elements of sovereignty within their boundaries.
Although the Court’s order to free Worcester was ignored by Georgia’s courts, he was eventually pardoned by the governor. The Worcester decision did not immediately help the Cherokee because it did not place any restrictions on the actions of the federal government. President Andrew Jackson, who disliked the decision, was in the process of using his authority to force the Cherokee to leave Georgia and go to Oklahoma a mass migration known as the Trail of Tears. Worcester’s concept of limited Indian sovereignty proved to be very influential during the twentieth century.