The Cherokee Victory
The Cherokee Indians, the most cooperative and accommodating to the political institutions of the united states, suffered the worst fate of all Native Americans when voluntarily or forcibly moved west. In 1827 the Cherokees attempted to claim themselves as an independent nation within the state of Georgia. When the legislature of the state extended jurisdiction over this ‘nation,’ the Cherokees sought legal actions, not subject to Georgia laws and petitioned the United States Supreme Court. The case became known as Cherokee Nation vs. Georgia in 1831. Supreme Court Justice John Marshall denied their claim as a republic within Georgia, he then deemed the Cherokee as a ‘domestic dependent nation’. One year later through the case of Worcester vs. Georgia, the Cherokee’s were granted federal protection from the molestation by the state of Georgia. Through the Indian Removal act in 1830 President Andrew Jackson appropriated planning and funding for the removal of Native Ameri!cans, Marshall’s rulings delayed this for the Cherokee Nation, and infuriated President Jackson. Marshall’s decision had little effect on Jackson and ignoring this action the president was anxious to see him enforce it. . . .
With this one decision alone, a chain of events would have taken place: First the United States federal government would not have forcibly removed the Cherokee’s. President Jackson would have to consider his presidency and reelection if he does seek further attempts of removal after it already being deemed unconstitutional. In fact they would most likely agree with his decision as with most other settlers in the south trying to push west and acquire more land through Indian removal. Members of their tribes murdered all three chiefs who took part in the signing of the treaty. His home was taken by the state of Georgia later on being placed a lottery. In my alternate history, John Marshall claimed that the Indian Removal act, passed by President Jackson, was unconstitutional. Indian removal would be sought in other ways such as residents of Georgia illegally harassing the Cherokee’s and forcing them to move with the possibility of causing a war between the new Cherokee Nation and Georgian residents. Properties, such as land and homes, would not be taken as in the case of Chief John Ross. Georgia,” not only do the Cherokee have a distinct political community and granted federal protection from molestation by the state, further removal of the tribe through the Indian Removal act would be considered immoral and unconstitutional. Never the less the Cherokee’s would not have had to move west and their populace and unity would remain intact for the time unless a voluntary move would benefit them otherwise. After this event there was not much the Cherokee’s could do and were forcibly moved west on what they called and are known today as the ‘Trail of Tears,’ which became a constitutional crisis in our history. This would surely create a moral issue with the north. The way the Cherokee’s were forced west caused losses of up to twenty percent of the nation.
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