The Case of the Cherokee Nation Against the State of Georgia: Argued and Determined at the Supreme Court of the United States, January Term, 1831 : with an Appendix ... |
From inside the book
Results 1-5 of 30
Page 37
... direct violation of the treaties enumerated in their bill , to which this is a supplement , as well as in direct violation of the constitution of the United States , and the acts of congress passed under its authority , in the year 1802 ...
... direct violation of the treaties enumerated in their bill , to which this is a supplement , as well as in direct violation of the constitution of the United States , and the acts of congress passed under its authority , in the year 1802 ...
Page 70
... direct what ought to be done by each in relation to the end of the association . This poli- tical authority is the sovereignty , and he or they who are invested with it are the sovereign . " It is evident from the very act of the civil ...
... direct what ought to be done by each in relation to the end of the association . This poli- tical authority is the sovereignty , and he or they who are invested with it are the sovereign . " It is evident from the very act of the civil ...
Page 71
... direct what ought to be done by each in rela- tion to the end of the association , the common good of the whole . It meets Vattel's definition of a state , then , at any point , as well as the definition of any other writer who has ...
... direct what ought to be done by each in rela- tion to the end of the association , the common good of the whole . It meets Vattel's definition of a state , then , at any point , as well as the definition of any other writer who has ...
Page 72
... legislate on a variety of subjects over the states ; to lay imposts on their trade and direct taxes on their property ; to make war and peace for them ; to coin [ The Cherokee Nation vs. The State of Georgia . 72 SUPREME COURT .
... legislate on a variety of subjects over the states ; to lay imposts on their trade and direct taxes on their property ; to make war and peace for them ; to coin [ The Cherokee Nation vs. The State of Georgia . 72 SUPREME COURT .
Page 121
... direct opposition both to this law and to the treaty , declares that the Cherokee terri- tory is within her jurisdiction ; and she has seized upon that territory and its jurisdiction in defiance of the treaties , laws , and constitution ...
... direct opposition both to this law and to the treaty , declares that the Cherokee terri- tory is within her jurisdiction ; and she has seized upon that territory and its jurisdiction in defiance of the treaties , laws , and constitution ...
Other editions - View all
Common terms and phrases
act of congress admitted aforesaid alleged articles of confederation asserted authorised authority belong bill boundary line ceded cession character chartered limits Chero Cherokee Indians Cherokee nation Cherokee territory Chickasaw chiefs and warriors citizens civil claim clause commissioners complainants confederation considered constitution controversy court of equity Creek declared dians district equity exclusive right executive exercise force foreign nations governor grant guaranty Hall county hereby independent Indian nations Indian title Indian tribes individual injunction intercourse judicial power justice kees lands law of nations laws of Georgia Laws U. S. limits of Georgia M'Intosh ment nation of Indians occupied offender original jurisdiction peace person possession present president protection provisions punishment question RICHARD PETERS Sect senate settlement South Carolina sovereign sovereignty stipulated supreme court supreme law Tennessee river thence thereof tion treaty of Holston treaty of Hopewell tribunal ultimate domain undersigned chiefs union United Vattel violation
Popular passages
Page 194 - an act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers...
Page 141 - They may more correctly perhaps be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.
Page 157 - For the prevention of crimes and injuries the laws to be adopted or made shall have force in all parts of the district and for the execution of process criminal and civil, the governor shall make proper divisions thereof, and he shall proceed from time to time as circumstances may require to lay out the parts of the District in which the indian titles shall have been extinguished into counties and townships subject however to such alterations...
Page 27 - Regulating the trade and managing all affairs with the Indians, not members of any of the States ; provided that the legislative right of any State within its own limits be not infringed or violated...
Page 61 - The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States : Fixing the standard of weights and measures throughout the United States : Regulating the trade and managing all affairs with the Indians...
Page 104 - While the different nations of Europe respected the right of the natives, as occupants, they asserted the ultimate dominion to be in themselves ; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in possession of the natives. These grants have been understood by all to convey a title to the grantees, subject only to the Indian right of occupancy.
Page 191 - This clause enables the judicial department to receive jurisdiction to the full extent of the constitution, laws, and treaties of the United States, when any question respecting them shall assume such a form, that the judicial power is capable of acting on it.
Page 59 - For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.
Page 226 - A final judgment or decree in any suit in the highest court of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity...
Page 171 - This principle was that discovery gave title to the government by whose subjects or by whose authority it was made against all other European governments, which title might be consummated by possession.