Wednesday, November 27, 2013

Word Doc

The responsibility of atomic number 31 diped a law that requires all whites documentation in Cherokee grease be required to apply for a license to live there. Samuel Worchester: Missionary to the Cherokee Indian Samuel Worcester and 6 other than 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 prescribe that the Georgia practice of law violated the Intercourse wreak and Indian Trade. The Georgia approach ruled out Worchesters plea and sends him to 4 days of hard labor. Worchester then contumacious to take this trial to the lordly Court. In the Supreme Court, psyche Justice John marshall was on Worchesters side. marshal argued that the state of Georgia did non have he power to cut back the law on Worchester because he is not in the Georgia jurisdiction. Marshall also argued that the relationship between the federal regime 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.
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S and the Cherokees that granted the Cherokee estates sovereignty and expert 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 familiarity occupying its own territory. Bec ause the treaties were recognize in the U.S! constitution, it had the ability to turn Georgias state laws. The Court rules that the Cherokees were their own unconditional nation and that Georgia is violating the organic law by severe to levy 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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