Georgia's Fear Of Cherokee Sovereignty

In the early 19th century, the Cherokee Nation, which controlled about 53,000 square miles of land in Tennessee, North Carolina, Georgia, and Alabama, was increasingly pressured by the U.S. government to cede their land. In 1828, Georgia passed a law to extend its laws over Cherokee territory, which the Cherokee Nation argued violated U.S.-Cherokee treaties, the U.S. Constitution, and federal laws. This led to the landmark Supreme Court case Cherokee Nation v. Georgia (1831), where the Cherokee Nation sought to stop Georgia from enforcing state laws that infringed on their rights. The Supreme Court, however, ruled that it lacked jurisdiction, stating that the Cherokee Nation was a domestic dependent nation rather than a foreign nation. This case set a precedent for how Native American tribes are treated under federal law, and the Cherokee Nation's subsequent legal battles continue to shape interpretations of Native sovereignty today.

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Georgia wanted Cherokee land

In the early 19th century, the Cherokee Nation controlled about 53,000 square miles of land in Tennessee, North Carolina, Georgia, and Alabama. The Cherokee people had established a permanent police force, a bicameral legislature, and a written constitution. They had also built government buildings, schools, businesses, and homes in their new capital of Tahlequah. However, despite their progress and adoption of European-American farming practices, the Cherokee Nation faced increasing encroachment on their land.

The Cherokee Nation's sovereignty and independence were also viewed as a threat to Georgia's authority and control over the region. The Cherokee Nation had established a governing system, with Chief John Ross serving as the Principal Chief under their constitution. They had a written language, a Supreme Court, and a capital city called New Echota. The Cherokee Nation's growing political power and self-governance challenged Georgia's ability to exert its own laws and authority within the state borders.

Additionally, the Cherokee Nation's resistance to removal further escalated tensions. Despite offers of compensation and relocation west of the Mississippi River, the vast majority of Cherokee people refused to voluntarily abandon their ancestral homelands. This resistance led to the forced removal of the Cherokee in 1838, with troops deployed under General Winfield Scott to round up the Cherokee and relocate them to reservations, resulting in a tragic event known as the Trail of Tears.

In summary, Georgia wanted Cherokee land due to economic interests, the potential for resource exploitation, and the desire to expand state borders. The Cherokee Nation's sovereignty and resistance to removal challenged Georgia's authority, leading to a constitutional standoff and ultimately resulting in the tragic forced removal of the Cherokee people from their ancestral homelands.

Cherokee Nation's sovereignty

The Cherokee Nation's sovereignty has been a contentious issue throughout US history, with the Cherokee people facing repeated attempts at removal from their ancestral lands. The Cherokee Nation v. Georgia case of 1831 was a pivotal moment in this ongoing struggle.

In the early 19th century, the Cherokee controlled approximately 53,000 square miles of land across Tennessee, North Carolina, Georgia, and Alabama. However, the US government began exerting pressure on the tribe to cede their land, particularly after an 1802 agreement promising Georgia that Cherokee lands would be opened to settlers. The Cherokee adapted by adopting European-American farming practices and creating a written language and governing system. By 1817, they had established a bicameral legislature and, by 1827, they had a written constitution and court.

In the 1820s, the Cherokee Nation was actively asserting its sovereignty by establishing a permanent, sovereign home within the United States. They achieved almost total literacy using Sequoyah's Cherokee syllabary, and written laws led to the formation of a Cherokee Supreme Court. New Echota, near present-day Calhoun, became the authorized capital of the Cherokee Nation.

However, Georgia sought to extend its laws over Cherokee lands, violating treaties like the Treaty of Hopewell (1785) and the Treaty of Holston (1791), which recognized Cherokee sovereignty and established agreements with the US government. In response, the Cherokee Nation took legal action, arguing that Georgia's laws violated US-Cherokee treaties, the US Constitution, and federal laws regarding interactions with Native tribes. They contended that the Cherokee Nation qualified as a "foreign nation" under the Constitution and had the right to sue.

The Supreme Court, led by Chief Justice John Marshall, agreed to hear the case but ultimately declined to rule on its merits. Marshall concluded that Indian tribes retained some sovereignty but were not considered fully independent "foreign nations" with the standing to sue in federal court. This decision set a precedent for how Native American tribes would be treated under federal law and highlighted the growing tensions over tribal sovereignty.

Despite the legal setbacks, the Cherokee Nation's legal battles have had a lasting impact on contemporary interpretations of Native sovereignty. The principle that treaties with Native nations must be upheld has been reaffirmed in recent cases, such as McGirt v. Oklahoma (2020), reinforcing tribal jurisdiction over their historic lands.

US Supreme Court's jurisdiction

In the early 19th century, the Cherokee Nation controlled about 53,000 square miles of land in Tennessee, North Carolina, Georgia, and Alabama. However, the state of Georgia wanted the Native American land within its borders to become Georgian land and was willing to take it by force if necessary. The Cherokee Nation had established a written language, a governing system, and a constitution, and lived peacefully within their territory.

In 1828, Georgia passed an act to extend its laws over the territory occupied by the Cherokee Nation, violating treaties such as the Treaty of Hopewell and the Treaty of Holston River, and the Constitution of the United States. The Cherokee Nation, backed by Senators Daniel Webster and Theodore Frelinghuysen, sought an injunction against Georgia, arguing that Georgia's state legislation aimed to "annihilate the Cherokees as a political society" and violated US-Cherokee treaties, the US Constitution, and federal laws regarding Native tribes.

The case, Cherokee Nation v. Georgia, reached the US Supreme Court in 1831. The Cherokee Nation asked the Court to stop Georgia from enforcing state laws that infringed on their rights within their territory. The Supreme Court, led by Chief Justice John Marshall, agreed to hear the case but declined to rule on its merits, stating that it lacked original jurisdiction or authority to decide in a matter between a US state and the Cherokee Nation. Marshall concluded that the Cherokee Nation was not a "foreign nation" but a ""domestic dependent nation", and therefore lacked the standing to sue as a foreign nation.

The Supreme Court's decision in Cherokee Nation v. Georgia set a precedent for how Native American tribes are treated under federal law. However, then-President Andrew Jackson ignored the Court's decision, refusing to enforce the ruling. By 1838, the Cherokee Nation had been forced off their land within Georgia and pushed west towards the Mississippi River, leading to the tragic Trail of Tears.

The Cherokee Nation's legal battles have had a lasting impact on contemporary interpretations of Native sovereignty. The case of Worcester v. Georgia (1832) reaffirmed the principle that treaties with Native nations must be upheld, reinforcing tribal jurisdiction over their historic lands.

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US-Cherokee treaties violated

The Cherokee Nation had a long history of treaties with the United States, with the former often resisting attempts by the latter to seize their land. Treaties such as the Treaty of Hopewell (1785) and the Treaty of Holston (1791) recognised Cherokee sovereignty and established agreements with the US government.

However, the US government began pressuring the tribe to cede their land, particularly after an 1802 agreement promising Georgia that Cherokee lands would be opened to settlers. The Treaty of the Cherokee Agency in 1817 marked the beginning of the Indian Removal era, promising land west of the Mississippi River in exchange for Cherokee homelands.

In 1831, the Cherokee Nation took the case of Cherokee Nation v. Georgia to the Supreme Court, arguing that Georgia's state legislation had created laws aimed to "annihilate the Cherokees as a political society" and violated US-Cherokee treaties. The Supreme Court declined to rule on the merits of the case, stating that the Cherokee Nation was not a "foreign nation" but a ""domestic dependent nation", and so lacked the standing to sue.

Despite the ruling, the Cherokee continued to resist removal from their lands. However, in 1838, US troops under General Winfield Scott forcibly rounded up the Cherokee and relocated them to the Indian Territory west of the Mississippi, in what became known as the Trail of Tears. An estimated 4,000 Cherokees perished during the journey.

The Cherokee Nation's resistance to removal and their legal battles had a lasting impact on contemporary interpretations of Native sovereignty. The 1846 Treaty with the Cherokee aimed to settle differences and grant amnesty to Cherokees, inviting those who had left to return to their homes.

Georgia's state laws vs Cherokee laws

In 1831, the Cherokee Nation went to the United States Supreme Court to stop Georgia from enforcing state laws that infringed on their rights within their territory. The Cherokee Nation argued that Georgia's state laws violated U.S.-Cherokee treaties, the U.S. Constitution, and federal laws regulating interactions with Native tribes. They sought to protect their sovereignty and rights as a "'foreign nation' under the Constitution, with the power to govern themselves and enforce their own laws within their territory.

Georgia's state laws, passed in December 1828, aimed to strip the Cherokee Nation of legal protections and extend Georgia's laws over Cherokee lands. Georgia's legislation was enacted to ensure the forced removal of the Cherokee people from their historic lands within the state. By passing these laws, Georgia's legislature sought to exert control over the Cherokee territory and impose its own legal system.

The Cherokee Nation's written constitution, established in 1827, served as a testament to their self-governance and political society. They had a permanent police force, a bicameral legislature, and a centralized governing system. The Cherokee Nation's laws reflected their unique cultural and historical context, and they sought to protect their ancestral homelands and way of life.

In contrast, Georgia's state laws reflected the interests of white settlers and the expanding settler colonial project. Georgia's laws sought to parcel out Cherokee territory, abolish Cherokee laws, and assimilate or remove the Cherokee people. Georgia's legislation criminalized Cherokee individuals who resisted removal and targeted Cherokee government officials for enforcing their own laws.

The Supreme Court case, Cherokee Nation v. Georgia, highlighted the clash between Georgia's state laws and Cherokee laws. The Court ultimately declined to rule on the merits of the case, stating that it lacked original jurisdiction as the Cherokee Nation was not considered a "foreign nation" but a "'domestic dependent nation'. This decision set a precedent for how Native American tribes would be treated under federal law, impacting tribal sovereignty and self-governance.

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