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Why was the Cherokee Nation's request for an injunction against their removal denied by the US Supreme Court?
The US Supreme Court ruled that it lacked original jurisdiction over the case because the status of the Cherokee nation was not a state but a "denominated domestic dependent nation." Although the injunction was denied, the Court indicated it would be willing to review the matter on appeal from the lower courts. It appears the suit was not refiled in the lower courts.
Case Citation:
Cherokee Nation v. Georgia, 30 US 1 (1831)
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Did the US Supreme Court case Worcester v. Georgia legally open Cherokee lands to mining?
No. The case had nothing to do with mining.Worcester v. Georgia (1832) addressed a Georgia law requiring whites living in Cherokee territory to obtain a permit from the state. When seven missionaries refused to follow the law, they were convicted and sentenced to four years hard labor.When the appeal reached the Supreme Court, Chief Justice Marshall stated the United States relationship to the Cherokee was that of two separate nations, giving the federal government the sole right of negotiation with the Native American nations, and barring Georgia from taking action against them. Marshall further opined that the government did not have the right of possession of Native American land, nor dominion over their laws, short of military conquest or legal purchase.According to Marshall, the Cherokee weren't bound by Georgia state law while in their own territory, and Georgia couldn't make laws regarding use of their territory.He also ordered Georgia to release the missionaries, which it did.
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