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 ... |
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Page 12
... whole number of the population be the test of the agricultural character of a nation , with refer- ence to the theory in question , they apprehend that they have at least as little reason as their white brethren around them to shrink ...
... whole number of the population be the test of the agricultural character of a nation , with refer- ence to the theory in question , they apprehend that they have at least as little reason as their white brethren around them to shrink ...
Page 14
... whole of the said territory ; to abolish all the Cherokee laws and ordinances therein ; and to declare that in all cases of indictment and civil suits , it shall not be lawful for the defend- ant Cherokee to justify under any of these ...
... whole of the said territory ; to abolish all the Cherokee laws and ordinances therein ; and to declare that in all cases of indictment and civil suits , it shall not be lawful for the defend- ant Cherokee to justify under any of these ...
Page 25
... whole of the Cherokee territory , as belonging to the ungranted and un- surveyed lands of the state of Georgia . The Cherokee mines are consequently claimed as part of those lands ; and the bill being sworn to before the same judge ...
... whole of the Cherokee territory , as belonging to the ungranted and un- surveyed lands of the state of Georgia . The Cherokee mines are consequently claimed as part of those lands ; and the bill being sworn to before the same judge ...
Page 34
... whole belongs to the nation as a nation , the individual settler having no other right to his settlements and improvements than a right to occupy and use them so long as he pleases ; and , when he is disposed to remove , a right to sell ...
... whole belongs to the nation as a nation , the individual settler having no other right to his settlements and improvements than a right to occupy and use them so long as he pleases ; and , when he is disposed to remove , a right to sell ...
Page 39
... whole nation , they had even a stronger claim to the cognizance of the national judiciary . That they are entitled to it , in some of the courts of the union , is not to be denied or dis- puted . The jurisdiction of this court , in its ...
... whole nation , they had even a stronger claim to the cognizance of the national judiciary . That they are entitled to it , in some of the courts of the union , is not to be denied or dis- puted . The jurisdiction of this court , in its ...
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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.