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American History Tellers

Encore: Supreme Court Landmarks | The Cherokee Cases | 2

American History Tellers

Wondery

Society & Culture, Kids & Family, History, Education For Kids

4.718.3K Ratings

🗓️ 26 July 2023

⏱️ 44 minutes

🧾️ Download transcript

Summary

In the early 1800s, the United States was growing rapidly, seeking land and resources for its expanding population. But the growth threatened Native American communities throughout the East. In the southern Appalachia region, the Cherokee Nation held millions of acres of prime farmland and forests, managed by a centuries-old tradition and a thriving government. But the state of Georgia, and a relentless President Andrew Jackson, set their sights on seizing the land.

When the Georgia statehouse declared political war, Cherokee advocates fought back. Newspaper publisher Elias Boudinot and Cherokee Chief John Ross took their challenge all the way to the Supreme Court, forcing Chief Justice John Marshall to weigh in on two monumental cases, Cherokee Nation v. Georgia and Worcester v. Georgia.

At stake was a decision that would test the limits of the high court’s power -- and determine the future and sovereignty of a threatened nation.

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Transcript

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0:00.0

This is a special encore presentation of our seven-part series on Supreme Court landmarks.

0:05.6

We're taking a look back at crucial Supreme Court decisions that fundamentally changed the legal

0:10.4

landscape of our nation. But just as with today's court, social movements and partisan politics

0:15.6

often influence those decisions sometimes in unexpected ways.

0:30.2

Imagine us 1829 as sweltering late August day in New Achoota, the capital of the Cherokee nation.

0:37.7

You're setting type for the newest issue of the Cherokee Phoenix, the only newspaper in America

0:43.2

with stories in both English and Cherokee. It's also the only newspaper advocating for Cherokee landwrites.

0:49.5

Glancing out the window, the whole town of New Achoota is laid out in front of you.

0:54.0

Stores, a city hall, houses, a bustling town of Cherokee people.

0:58.4

But the governor of Georgia would like nothing more than to see it demolished,

1:02.5

to become instead a home for white settlers. It's enough to make your blood boil.

1:08.3

As you look up from your type setting, you see a man on a horse approaching at a fast clip.

1:12.9

It's your boss, the editor of the Phoenix, Alias Budeno.

1:17.9

He rushes into the office and over to your desk. How much of that front page do you have set?

1:22.1

I'm just about done. Well, we'll have to clear some space towards the top. They found gold.

1:26.9

You nearly drop the metal letters in your hands on the floor. Gold, where?

1:30.8

Ward Creek, rumors are flying around like wildfire. Land prices are doubling. People jump

1:36.8

and all over themselves get in and pan. Gold turning up on Cherokee land should be wonderful news.

1:43.4

But you both know the reality is anything but white settlers and their politicians have been

1:48.2

ratcheting up a fight against your people for nearly 30 years. Now, the discovery of gold will

1:53.5

only make them hungrier for your land. Chief Ross and the counselor are going to have to address this.

1:58.7

He means the Cherokee National Council, the governing body of the Cherokee Nation.

...

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