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Cherokee Nation vs. the State of Georgia, The 1 (1831)

handle is hein.slavery/ussccases0130 and id is 1 raw text is: THE DECISIONS or THE SUPREME COURT OF THE UNITED STATES AT •IANUARY TERM 1831. THE CHrtoKnE NATION VS. THE STATn Op GEORGIA. Motion for an injunction to prevent the execution of certain acts of the legisla- ture df 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 st;'te 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. or 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 numerois 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 engagemetis, or for any aggression committed on the citi- zens of the United States by any individual of their community. Laws have VOL. V.-A

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