Lady Justice

Worcester v. Georgia
Case
By: Katharyn Gordon

What law was violated?

In 1830, Georgia passed a law requiring its
citizens to get a state regulated license
before entering into Cherokee territory.

Why was this law passed?

This law was passed along with a series of
others in order to suppress the Cherokee
Nation.

Samuel Worcester
Was a missionary and a
known supporter of the
Cherokees resistance to
Georgias removal efforts
He resided within the
Cherokee nation without a
license, was brought to court,
and convicted along with a
few other missionaries.
He appealed his conviction
to the Supreme Court.

Photograph of Samuel Worcester

Preserved by New Echota Historical Site

During the Trial

Attorneys proved that Native American

communities were thought of as separate
nations dating back to the time of early
colonial America.

They also argued that the treaties and laws

of the time viewed the territory as completely
separated from the states; therefore all
interaction with them must be carried on
exclusively by the federal government.

Verdict?
The Supreme Court ruled that only the United
States, and not the individual states, had the
power to regulate or deal with the Indian
Nations.
So, Samuel Worcesters conviction was void.

Chief Justice John Marshall

Prior to the trial, John Marshall
publicly spoke out against
Georgias treatment of the
Cherokee and even the United
States treatment of Native
Americans in general.

Majority Voters

John Marshall

Smith Thompson

Gabriel Duvall

Majority Voters

Joseph Story

John McClean

Dissent
Henry Baldwin dissented for
reasons of merits

Effect of the trial on the Cherokee

The Worcester v. Georgia trial had major
implications on the fate of the Cherokee. The
cases ruling that states did not have the
authority to interact or make laws that would
affect the Cherokee could have prevented
Georgias removal efforts.

However
Georgian officials ignored this decision...

And Andrew Jackson refused to enforce it

and is believed to have said,
John Marshall has made his decision. Now
let him enforce it! cit. New Georgia
Encyclopedia

What happened afterwards

About 20,000 Cherokee
were forced to move
westward in a march to
Oklahoma known as the
Trail of Tears, and
about 5,000 people died
along the way.
Cit. http://
www.ushistory.org/us/24f.asp

Cherokee leaders had hoped the Supreme

Courts decision would persuade the United
States government into intervening against
Georgias removal efforts, alas, that was not the
case. Though the Supreme Court made their
statement clear, the other two government
branches had their own agenda.

What I took from this case

When it comes to our countrys vital interests,
human rights take a backseat. Despite the
case being about the issue of Samuel
Worcesters conviction for residing in Indian
Territory without a license, the issue of
Natives rights became a topic of debate.

I believe that we as Americans have a duty to

pay attention to foreign affairs.
We need to hold our government accountable for
violations of human rights NOW and not wait
until our great grand children learn about the
awful things we did to other groups in our
generation.
What is the point of history if nothing changes?

Works Cited
Artwork and Photographs:
Gray, Philippe. Efficiency, Productivity and Swords of Truth. Law Technology Today. 14 Apr. 2014.
Web. 5 Dec. 2015.
Old Books Desktop Background. Img Need. Web. 5 Dec. 2015
Samuel A. Worcester. N.d. New Echota Historical Site, n.p.
Inman, Henry. John Marshall. 1832. Oil on canvas. Library of Virginia, Virginia.
Gabriel Duvall. N.d. Supreme Court Historical Society, n.p.
William Johnson, N.d. The Collection of the Supreme Court of the United States, n.p.
Brady, Mathew. Daguerreotype of Joseph Story. 1844. Studio of Mathew Brady, n.p.
Durand, Ashur B. Smith Thompson. N.d. The Collection of the Supreme Court of the United States, n.p.
Brady, Mathew. Daguerreotype of John McLean. 1849. Beinecke Rare Book & Manuscript Library,
Washington D.C.
Portrait of Henry Baldwin. N.d. Supreme Court Historical Society, n.p.

Works Cited
Research:
The Trail of Tears, The Indian Removals. Ushistory.org. Independence Hall Association, n.d.
Web.28 Oct. 2015
McBride, Alex. Cherokee Indian Cases (1830s). PBS. PBS, 1 Dec. 2006. Web. 5 Dec. 2015.
Worcester v. Georgia. Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Dec 5, 2015.
Williams, Richard R. Court Ruling Finally Ends Cherokees Sad Journey. Denver Post Mar
07 2001. ProQuest. Web. 28 Oct. 2015
Marshall, John, and S.A. Worcester. Opinion of the Supreme Court of the United States, at
January Term 1832. Washington: Printed by Gales and Seaton, 1832. Print.
Garrison, Tim Alan. Worcester v. Georgia (1832). New Georgia Encyclopedia. New Georgia
Encyclopedia, 27 Apr. 2004. Web. 06 Dec. 2015.