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, Containing the Opinion of Chancellor Kent on the Case; The Treaties Between the United Slates and the Cherokee Indians; The Act of Congress of 1802; Ent
1st Edition
Published on 27. November 2019
978-0-259-64403-3 (ISBN)
Description
Whilst the greatest effort has been made to ensure the quality of this text, due to the historical nature of this content, in some rare cases there may be minor issues with legibility. Motion for an injunction to prevent the execution of certain acts of the legislature of the state of Georgia in the territory of the Cherokee nation of Indians, on behalf of the Cherokee nation, they claiming to proceed in the supreme court of the United States as a foreign state against the state of Georgia, under the provision of the constitution of the United States, which gives to the court jurisdiction in controversies in which a state of the United States and the citizens thereof, and a foreign state, citizens, or subjects thereof, are parties.
The Cherokee nation is not a foreign state, in the sense in which the term foreign state is used in the constitution of the United States.
The third article of the constitution of the United States describes the extent of the judicial power. The second section closes an enumeration of the cases to which it extends, with controversies between a state or the citizens thereof, and foreign states, citizens or subjects. A subsequent clause of the same section gives the supreme court original jurisdiction in all cases in which a state shall be a party - the state of Georgia may then certainly be sued in this court.
The Cherokees are a state. They have been uniformly treated as a state since the settlement of our country. The numerous treaties made with them by the United States recognize them as a people capable of maintaining the relations of peace and war, of being responsible in their political character for any violation of their engagements, or for any aggression committed on the citizens of the United States, by any individual of their community.
The Cherokee nation is not a foreign state, in the sense in which the term foreign state is used in the constitution of the United States.
The third article of the constitution of the United States describes the extent of the judicial power. The second section closes an enumeration of the cases to which it extends, with controversies between a state or the citizens thereof, and foreign states, citizens or subjects. A subsequent clause of the same section gives the supreme court original jurisdiction in all cases in which a state shall be a party - the state of Georgia may then certainly be sued in this court.
The Cherokees are a state. They have been uniformly treated as a state since the settlement of our country. The numerous treaties made with them by the United States recognize them as a people capable of maintaining the relations of peace and war, of being responsible in their political character for any violation of their engagements, or for any aggression committed on the citizens of the United States, by any individual of their community.
