er from Vermont, went to Cherokee territory in Georgia to preach and to translate the Bible into the Cherokee language. The Georgia legislature had passed a state law that required any white person going onto Indian lands to get a license. Georgia lawmakers wanted to keep out people who might stir up the Cherokees against the state. Georgia officials arrested Worcester, saying he had broken state law. Worcester was brought to trial in the Georgia court, found guilty and sentenced to four years in prison. He thought the Georgia court was wrong and appealed his case to the United States Supreme Court. Worcester argued that the state of Georgia had not the power to make laws concerning the Cherokee tribe. He said that his visit to Cherokee land had been allowed under federal law because the United States had made treaties with the Cherokees, which recognized them as an Independent nation. The treaties were federal law, and they were higher than state law. The Supreme Court had to decide whether the state law went against the provisions of the Constitution. Article VI says: “...this Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme” Law of the Land, and the judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary not withstanding...”(Constitution, Article VI)The Supreme Court decided in favor of Worcester. Chief Justice John Marshall wrote the opinion of the Court. It said that the Cherokee nation was an independent community, established by federal treaty. Only the federal government could deal with the Cherokee nation. The state of Georgia could not pass laws affecting the Cherokees. The Supreme Court had made an important decision on the legal status of Indian tribes. What the Supreme Court says SHOULD be the law ...
