Georgia and the Cherokee before the Trail of Tears
About North Georgia
My question is what exactly did Georgia do that broke the law after the landmark cases they lost to the cherokee nation gave them no power over the Cherokees(actual events would be a big help)?
Drezzil
Drezzil
First, only the state of Georgia lost one case to the Cherokee. The first case, (Cherokee Nation vs. State of Georgia) heard by Chief Justice John Marshall, was dismissed before trial. The attorney, William Wirt, was then coached by Marshall on how to present the case correctly. Upon winning the second case (Worcester vs. State of Georgia), the court ruled that the Cherokee Nation was sovereign (self-ruled). Technically, this means that only the Federal Government can have any dealing with them and the only dealing is by Treaty (this part of the Constitution is called the Treaty Clause). Any attempt by the State of Georgia, or any other state, to interact on any level, would illegally usurp the power of the Federal Government.
Georgia extended numerous laws over the Cherokee, before the ruling and enforced these laws. a clear violation of federal law, since The Court's ruling nullified all existing laws. This would include the law that created the infamous Georgia Guard in 1830 and legislation extending all Georgia criminal laws to the Cherokee. And, of course, Congress had passed the Indian Removal Act. The case was argued in March, 1831, which means that the ruling must have been made before September, 1831. After that date the State of Georgia passed the Land Lottery Act of 1832, which provided for two lotteries to divide the Cherokee Nation. Clearly illegal. The Georgia Guard continued to enforce laws in the Cherokee Nation, so the appropriations acts from 1831 to 1837 were all illegal. The first railroad creation acts (1836) included Cherokee land from Terminus (now Atlanta) to Chattanooga. Many, Many other lesser infringements.