In the case of Osborn v. The United States Bank, 9 Wheat.
The powers of government which thus devolved on Georgia by the revolution over her whole territory are unimpaired by any surrender of her territorial jurisdiction by the old Confederation or the new Constitution, as there was in both an express saving, as well as by the tenth article of amendments. I. consider the same rule as applicable to Indian treaties, whether considered as national compacts between sovereign powers or as articles, agreements, contracts or stipulations on the part of this government, binding and pledging the faith of the Nation to the faithful observance of its conditions. And what possible objection can lie to the right of the complainants to sustain an action? Cherokee Nation v. Georgia (1831) asked the Supreme Courtto determine whether a state may impose its laws on Native Americans and their territory. The complainants allege that the several legislative acts, herein set forth and referred to, are in 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 act of Congress passed under its authority in the year 1802, entitled, "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers.". 308, and Johnson v. M'Intosh, 8 Wheat. From that time, Great Britain considered them as her subjects whenever she chose to claim their allegiance, and their country as hers, both in soil and sovereignty. Mere phraseology cannot make Indians nations, or Indian tribes foreign states. In consequence of which the treaty of Holston was entered into, containing the guarantee. By the early 1800s the United States was experiencing rapid growth and westward expansion by European settlers. None can release the balance which will accrue by the violation of my solemn conviction of duty. The twelfth article of the treaty of Hopewell contains a full recognition of the sovereign and independent character of the Cherokee Nation. My view of the plaintiffs being a sovereign independent nation or foreign state, within the meaning of the Constitution, applies to all the tribes with whom the Unites States have held treaties, for if one is a foreign nation or State, all others in like condition must be so in their aggregate capacity, and each of their subjects or citizens, aliens, capable of suing in the circuit Courts. Is the Cherokee Nation of Indians a competent party to sue in this Court? As to restoring the complainant to the exercise of jurisdiction, it will be seen at once that that is no case for the action of a court; and as to quieting him in possession of the soil, what is the case on which the complainant would have this Court to act? Mr Chief Justice MARSHALL delivered the opinion of the Court. 3, as to the apportionment of representatives, and acts of Congress in relation to the Indians, to-wit, that they are divided into two distinct classes, one composed of those who are considered members of the State within which they reside and the other not; the former embracing the remnant of the tribes who had lost their distinctive character as a separate community and had become subject to the laws of the States, and the latter such as still retained their original connexion as tribes, and live together under their own laws, usages and customs, and, as such, are treated as a community independent of the State. In the seventeenth and eighteenth centuries, European settlers pushed the Cherokees from many of their lands. That various treaties have been, from time to time, made between the British colony in Georgia; between the State of Georgia, before her confederation with the other States; between the confederate States afterwards; and, finally, between the United States under their present Constitution and the Cherokee Nation, as well as other nations of Indians, in all of which the Cherokee Nation and the other nations have been recognized as sovereign and independent States possessing both the exclusive right to their territory and the exclusive right of self-government within that territory. The necessity for the stipulation in both cases must be because the process of one government and jurisdiction will not run into that of another, and separate and distinct jurisdiction, as has been shown, is what makes governments and nations foreign to each other in their political relations. York in the case of Jackson v. Goodel, 20 Johns. Though the Indians are acknowledged to have an unquestionable, and heretofore unquestioned right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our government, yet it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can, with strict accuracy, be denominated foreign nations.
This lesson delves into the pivotal case and examines how the outcome of the case had far-reaching effects. 7 Ves.Jun. If their territory has been trespassed upon against the provisions of that act, no law of Georgia could repeal that act or justify the violation of its provisions. That they are entitled to such occupancy so long as they choose quietly and peaceably to remain upon the land cannot be questioned. You live your life, and you don't cause any problems. Not sure what college you want to attend yet? But, the Big Bad Wolf doesn't care; he starts harassing your town and plans to drive you away.
existence; or to surrender their national sovereignty, their property, rights and liberties, guarantied as these now are by so many treaties, to the rapacity and injustice of the State of Georgia; or to arm themselves in defence of these sacred rights, and fall, sword in hand, on the graves of their fathers. Is a sufficient case made out in the bill to warrant this Court in granting any relief? 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. In fact, he likes all of the cottages in your town, the Hamlet of Lil' Piggies.
The country, too, "is consecrate in their affections from having been immemorially the property and residence of their ancestors, and from containing now the graves of their fathers, relatives, and friends.". second article of the convention, the United States ceded to Georgia whatever claim, right or title they may have to the jurisdiction or soil of any lands south of Tennessee, North or South Carolina, and east of the line of the cession by Georgia. All negotiations carried on with the Cherokees and other Indian nations have been by way of treaty, with all the formality attending the making of treaties with any foreign power.