Worcester v Georgia
Also called: Marshall judgement of 1832 · Topic: Settler Colonialism: Native Peoples of America and Australia · NCERT: Class 11, Ch 6 "Displacing Indigenous Peoples"
Meaning
Worcester v Georgia was an 1832 case in the US Supreme Court. Chief Justice John Marshall ruled that the Cherokees were 'a distinct community, occupying its own territory'. He said Georgia's laws had no force there and that the Cherokees had sovereignty (the right to govern themselves) in certain matters. The case matters because it shows that court rulings in favour of natives could be ignored by those in power.
Example
President Andrew Jackson, known as a fighter against privilege, refused to honour Marshall's 1832 judgement. He sent the army to drive the Cherokees out of Georgia. This led to the 'Trail of Tears' of 1838, in which more than a quarter of 15,000 people died.
Don't confuse with
- Mabo case (1992): an Australian High Court ruling that ended terra nullius (the idea that the land belonged to nobody). Unlike Marshall's judgement, the Mabo ruling was put into effect.
Related concepts
- Cherokee
- Indian Removal Act 1830
- Trail of Tears
- Indian reservations
- American Indian Wars
- Wounded Knee Massacre 1890
- Chief Seattle