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Georgia, legal case in which the U.S. Supreme Court in March 1832 held that the states did not have the right to impose regulations on Native American land. President Andrew Jackson refused to enforce the ruling, but the decision helped form the basis for most subsequent Indian law in the U.S.
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Indian law, the legal practices and institutions of India....
- Cherokee
Georgia, 31 U.S. (6 Pet.) 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional.
It is the opinion of this Court that the judgment of the Superior Court for the County of Gwinnett, in the State of Georgia, condemning Samuel A. Worcester to hard labour in the penitentiary of the State of Georgia for four years was pronounced by that Court under colour of a law which is void, as being repugnant to the Constitution, treaties ...
27 Απρ 2004 · In the 1820s and 1830s Georgia conducted a relentless campaign to remove the Cherokees, who held territory within the borders of Georgia, North Carolina, Alabama, and Tennessee at the time. In 1827 the Cherokees established a constitutional government.
5 Νοε 2018 · In response to Worcester and his fellow missionaries, Georgia passed a law in 1831 that prohibited “white persons” from living on Cherokee lands unless they obtained a license to do so from the governor of Georgia, and swore a loyalty oath to the State of Georgia.
19 Οκτ 2024 · When Georgia’s law prohibiting non-Cherokees from living on Cherokee land without a state license took effect in 1830, Worcester and other missionaries refused to apply for licenses and protested the law. Worcester and the others were arrested, convicted, and sentenced to four years’ hard labor.
In an opinion delivered by Chief Justice John Marshall, the Court held that the Georgia act, under which Worcester was prosecuted, violated the Constitution, treaties, and laws of the United States.
