What Is The Violation Of Cherokee Rights

The precursor of the two Supreme Court cases that we are discussing started in 1828 when Georgia developed laws to take away the basic human rights of the Cherokee Indians. The laws also said that the Cherokee could be removed from their lands. The Cherokee nation said in

filed with the U.S. Supreme Court an action challenging the authority of Georgia's laws. The Cherokees disputed that the laws desecrated their chief rights as a nation and criminally interfered into their treaty relationship with the United States. In Cherokee Nation v. Georgia (1831), the court held that it did not have the authority to strike down Georgia's laws. In dicta that became particularly important in American Indian law, Chief Justice John Marshall wrote that the Cherokees constituted a "private, dependent nation" that existed under the custody of the United States.

The Treaty of Hopewell in 1785 established borders between the United States and the Cherokee Nation offered the Cherokees the right to send a “deputy” to Congress, and made American settlers in Cherokee territory subject to Cherokee law. With help from John Ross they helped protect the national territory. In 1825 the Cherokees capital was established, near present day Calhoun Georgia. The Cherokee National Council advised the United States that it would refuse future cession request and enacted a law prohibiting the sale of national land upon penalty of death. In 1827 the Cherokees adopted a written constitution, an act further removed by Georgia. But between the years of 1827 and 1831 the Georgia legislature extended the state’s jurisdiction over the Cherokee territory, passed laws purporting to abolish the Cherokees’ laws and government, and set in motion a process to seize the Cherokees’ lands, divide it into parcels, and other offer some to the lottery to the white Georgians.

When the Cherokee Nation sued Georgia state they believed they were going to get justice. In some part during the ruling it was in their favor, they were named to be part of the United States and were Americans not Indians. The supreme court which was mostly ruled by Chief Justice John Marshall; had decided that they had no rights to any of their lands. They also denied them to self-govern because their lack of jurisdiction and they had no court power. Which the Cherokee people were against because they wanted to have full control of their land. It was their land they wanted to be able to do anything they wanted with it and set their own rules ruled. John Marshal disagreed with what they wanted to do and ruled his way. Which then led to Worcester V. Georgia. The verdict in this trial was that they could take away Cherokee land at any given time. They had made it clear that the land of Cherokee was not part of the United State; even though it should had been part of US territory. At the end, they could be forced to relocate and this

First of all, the Indian tribes claimed their land. For example, article #2 stated, “ The Cherokee lived in what is now northern Georgia more than-one hundred years before the Georgians arrived.” This means that the Indian tribes started settling in the land way before the actual Georgians arrived. Also, article #2 stated, “ In the case of Worcester vs. Georgia (1832), the U.S. Supreme Court ruled that the state of Georgia couldn't force the Cherokee off of their land.” This shows that the U.S. even agreed that the Indian tribes had no right of moving from the land they claimed. Even though the U.S. government offered the Indian tribes more than “one square mile per person”

The Court's opinion in the Cherokee Nation case differed from Worcester because the Supreme Court ruled that “the Cherokee nation ... is a distinct community, occupying its own territories, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizen of Georgia have no right to enter,” while Worcester believed that the Cherokee Nation

     In Georgia, the Cherokee Indians had developed a lifestyle that included schools, mills, and turnpikes. In the 1820's, under pressure from the state to give up their lands, they wrote a constitution, hired lawyers, and sued in the Supreme Court. Chief Justice John Marshall upheld the rights of the Cherokee against Georgia. However, Jackson refused to carry out the decision that ordered Georgia to return Cherokee lands. He is quoted as to have said, "Marshall has made his opinion, now let him enforce it."

The Cherokee people felt betrayed as these self-appointed men did not have the right to represent their people. For the white Americans on the other hand the deed was done, they could now take this precious land. The nations principal chief, John Ross, wrote “The instrument in question is not the act of our nation” in a letter to the U.S. Senate protesting. It was not a sanction of their people and close to 16 000 Cherokee signed Ross’ petition.

In 1831, the Cherokee nation went to court against the state of Georgia. They were disputing the state’s attempt to hold jurisdiction over their territory. Unfortunately, because they are not under the laws of the constitution, the Indian’s right to court was denied. It was not until 1835 that the Cherokee finally agreed to sign the treaty, giving up their Georgia land for that of Oklahoma.

. . regulate commerce with foreign nations and among the several states, and with the Indian tribes.” The Constitution further enumerates these powers denied to the states in Article I section x. The state of Georgia challenged the federal government’s power over states rights, a precursor to the Civil War, when it challenged the trust relationship and the autonomy of the Cherokee. Supreme Court Justice John Marshall in three decisions (Marshall Trilogy) upheld the United States’ federal power, defined the responsibility of the doctrine of federal trust, and clarified the sovereignty of Indian nations: Johnson v McIntosh 1823, Cherokee v Georgia 1831, Worcester v Georgia 1832.

The Cherokee people were forced out of their land because of the settler’s greed for everything and anything the land had to offer. Many Cherokee even embraced the “civilization program,” abandoning their own beliefs so that they may be accepted by white settlers. Unfortunately for the Cherokee though, the settlers would never accept them as an equal citizen. A quote from historian Richard White says it very well, “The Cherokee are probably the most tragic instance of what could have succeeded in American Indian policy and didn’t. All these things that Americans would proudly see as the hallmarks of civilization are going to the West by Indian people. They do everything they were asked except one thing. What the Cherokees ultimately

Rights of passage are a big part in your life and your relatives. There are many rites of passage and they all differ from each other.”The Medicine Bag”,”The Apache Girl”,and the “Cherokee Indians” all have to face their right of passage. “The Medicine Bag” is about a boy named Martin who is given a medicine bag as his right of passage.”The Apache Girl” is about a girl named Dachina who’s rite of passage leads her into womanhood.”The Cherokee Indians” right of passage has the boy sit through the night alone in a forest to show that he is a man. These 3 stories have many similarities and differences in their rites of passage. They also are written in different formats which makes your understanding of the topic different.

Until 1828, the federal government agreed that Cherokee had rights to their land, but when Andrew Jackson was elected President, that all ended. Jackson refused to believe that the tribes were sovereign and thus viewed Indian treaties, as an absurdity

In the seventeenth century, European people begin to settle in the North America. They started to invest in the natural resources in the eastern America using the best resource they found in the land, captured Native Indians. Many poor European people migrated to North America for opportunity to earn money and rise of their social status. They came to the America as indentured or contracted servants because the passage aboard was too expensive for them. By the time many Native Indians and indentured servants die from the hard labor and low morality rate, masters of the plantation purchased more slaves from Africa to profit themselves. The “Virginia Servant and Slave Laws” reveal the dominant efforts of masters to profit from their servants and slaves by passing laws to treat slaves as their properties and to control servants and slaves by suppressing the rebellion using brutal force. Masters and rich planters sought to earn more profit from mercantilism, or trade, economic system by violating the civil rights of Native Indian, African, and poor European people and this thought and practice still exist today as a form of racism and segregation in America.

Created by Jesse J Holland Native Americans Say US Violated Human Rights. The article was published on the washington times website. The article contains Native American group believing the United States is violating the human rights. The group in hopes of getting help with their land claim, wanted to charge United States with human rights violations.