Worcester v. Georgia

In the late 18^th and early 19^th century, the clash of cultures and traditions between European Americans and Native Americans east of the Mississippi reach its climax. Political pressure resulting of white settlement and the discovery of gold in north Georgia contributed to the passage in 1830 of the Indian Removal Act. This law signed by President Andrew Jackson (himself a veteran of the “Indian” wars with the Creek and Seminole Native Americans) called for the removal of all Native tribes east of the Mississippi and their resettlement on lands west of the Mississippi in “Indian Territory.” In quick succession, eastern native tribes signed deals with the United States government that provided some monetary compensation for their land and began the journey to Indian Territory. One notable exception was the Cherokee Nation.

More than any other tribe the Cherokee had adapted to European-American ways. They established a democratic representative form of government. They developed an alphabet and published a newspaper, the Cherokee Phoenix. They adapted to European-American methods of agriculture. Some even owned slaves. In the tradition of American democracy, the Cherokee resisted the Indian Removal Act using every legal means available. This included a series of lawsuits including Cherokee Nation v. Georgia and Worcester v. Georgia. The Worcester case involved a Vermont minister who, along with others, established a mission in Cherokee territory at the request of the Cherokee people. Although the missionaries had permission from the United State government for the mission, their presences ran afoul of the state of Georgia’s efforts to establish sovereignty over the Cherokee lands. Under governor George Gilmer, the state of Georgia passed a law making illegal for whites to live in Cherokee land without registering with the state of Georgia and swearing a loyalty oath to the state. Worcester and others refused and were arrested and convicted. The verdict was challenged and the appeal reached the United States Supreme Court in 1832.

The Court under Chief Justice John Marshall issued a ruling that was sympathetic to the Cherokee people. They struck down the Georgia law and declared that the Cherokee nation was a sovereign but “domestic dependent” nation. Marshall invented concept of domestic dependent nationhood, and as such it was difficult, as a matter of practical law, to enforce. In fact, President Andrew Jackson is reputed to have said, “Marshall has made his decision, now let him enforce it.” The ruling was never enforced and in 1838 a faction of Cherokees led by Major Ridge signed a deal with the United States government to move to Indian Territory. Several thousand resisted and were forcibly marched on the infamous “Trail of Tears” out of the ancestral homeland.

In this lesson students will identify the facts in the 1832 Supreme Court case Worcester v. Georgia. They will also recognize the complexities related to the “removal” of Native Americans from land east of the Mississippi. Most importantly students will evaluate (either legally or emotionally) the facts in the 1832 Supreme Court case Worcester v. Georgia. This evaluation will take place after a simulation of the Supreme Court hearing of the Worcester v. Georgia case.

This lesson will open with a short dramatic presentation of an encounter between President Andrew Jackson and William Wirt, an attorney who represented the Cherokee Nation. This dramatic presentation can be acted out or presented as readers’ theater (a dramatic presentation that excludes set, costumes and any stage). A script for this presentation is available online at http://www.stevensandshea.com/jackson.htm. After the presentation have students consider the following questions. Should the United States have recognized the Cherokee Nation as a sovereign nation? With some students it may be necessary to define sovereignty.

Following the discussion, students should conduct a simulation of Worcester v. Georgia. The Court was hearing an appeal from Samuel Worcester, a missionary arrested in Cherokee land and charged with violating a Georgia law that required all whites to register prior to establishing a residence or working in Cherokee land. The case centered on the question of whether the Cherokee land was sovereign or whether the state of Georgia had the authority to govern the land. It may be necessary (depending on the prior knowledge of the students) to deliver a short lecture (5-10 minutes) on the course of events concerning Native and European-American relations prior to 1832. The subject matter background knowledge section of this lesson can serve as a guide to preparing materials for this short presentation.

After the lecture (if necessary) divide students into the following groups of roughly equal size 1) Supreme Court, 2) a team representing Worcester, and 3) a team representing the state of Georgia. Each group will spend about 20 minutes preparing for the case. In preparation, the Supreme Court group will read the actual syllabus for the case. This information is available at http://www.cviog.uga.edu/Projects/gainfo/worcester.htm. The syllabus contains a review of facts central to the case. Essentially, the issue was the constitutionality of Samuel Worcester’s arrest and conviction for violating an 1830 Georgia law concerning settlement in Cherokee land. The law was titled as follows. 

An act to prevent the exercise of assumed and arbitrary power, by all persons, under pretext of authority from the Cherokee Indians and their laws, and to prevent white persons from residing within that part of the chartered limits of Georgia, occupied by the Cherokee Indians, and to provide a guard for the protection of gold mines, and to enforce the laws of the state within the aforesaid territory.

It is important that all students understand what the law stated and the charges against Worcester. It may be necessary to explain or even restate the law and the charges. An explanation of the charges and summary of the decision can be found at http://www.pbs.org/weta/thewest/resources/archives/two/worcestr.htm

The Worcester team will read part of William Wirt’s actual court statement and a speech by Cherokee Chief John Ross. The Georgia team will read a speech from Georgia governor Wilson Lumpkin concerning the state’s interest in maintaining sovereignty (Lumpkin followed Gilmer and was governor during the case). Both of these documents are available from Thomas A. Scott’s edited Cornerstones of Georgia History: Documents That Formed the State, published in 1995 by University of Georgia Press. Legal teams should prepare an argument (no more than 5 minutes) to be presented before the Court. One lawyer from each team will present the statement to the Court. After each statement the justices will then have an opportunity to ask questions. At this point other members of the teams may respond (this is contrary to actual Court protocol but it will allow for the greatest level of participation). The Worcester team will have an opportunity to rebut the state of Georgia’s presentation. The entire hearing should last about 20-30 minutes.

After the case has been presented allow the court time to deliberate. During deliberations members of the two legal teams should write summaries of the case. These summaries may be used as an artifact for assessment. Have the court deliver its decision. The decision should be written out and should address the primary question in the case. The decision can be “read from the bench” or entered as public record (and read by the teacher). Following the decision, conduct a brief discussion about the actual outcome.

There are two activities that could be used as assessments. First, students might complete a written paragraph accounting for their participation in the activity. In this paragraph, students should explain the facts in the case and describe the role they played in the simulation. A second type of assessment would involve students expressing their personal opinion. In conjunction this assignment students might include an account of what the Court actually ruled. Each paragraph must include a factually correct account of the case. This should comprise 50% of the grade. The other half of the grade should reflect the depth of thought presented in the paragraph. The paragraph on the simulation should include a statement about the student’s role. The paragraph on the student’s opinion should include a clear statement of that opinion and at least 2 supporting pieces of information. 

This lesson was adapted from a lesson developed by the Social Studies Education Consortium titled “Prelude to the Trail of Tears: Worcester v. Georgia.” The lesson is available online at http://www.ssecinc.org/less/Fset_ls_trail.htm