That the Cherokees were the occupants and owners of the territory in which they now reside, before the first approach of the white men of Europe to the western continent; 'deriving their title from the Great Spirit, who is the common father of the human family, and to whom the whole earth belongs.' The notice stated that the motion would be made in this court on Saturday, the 5th day of March 1831. The bill proceeds to refer to the act of congress of 1830, entitled 'an act to provide for an exchange of lands with the Indians residing in any of the states or territories, and for their removal west of the Mississippi.' 9.... 228 FORTIETH CONGRESS.
Page 2 THIS case came before the court on a motion on behalf of the Cherokee nation of Indians for a subpoena, and for an injunction, to restrain the state of Georgia, the governor, attorney-general, judges, justices of the peace, sheriffs, deputy sheriffs, constables, and others the officers, agents, and servants of that state, from executing and enforcing the laws of Georgia or any of these laws, or serving proceess, or doing any thing towards the execution or enforcement of those laws, within the Cherokee territory, as designated by treaty between the United States and the Cherokee nation. II. That afterwards, to wit in the year 1829, the legislature of the said state of Georgia passed another act, which received the assent of the governor on the 19th December of that year, entitled, 'an act to add the territory lying within the chartered limits of Georgia, now in the occupancy of the Cherokee Indians, to the counties of Carroll, De Kalb, Gwinett, Hall, and Habersham, and to extend the laws of this state over the same, and to annul all laws and ordinances made by the Cherokee nation of Indians, and to provide for the compensation of officers serving legal processes in said territory, and to regulate the testimony of Indians, and to repeal the ninth section of the act of 1828 on this subject.'. 21. The bill then proceeds in the usual form to ask and answer to the allegations contained in it, and 'that the said state of Georgia, her governor, attorney-general, judges, magistrates, sheriffs, deputy sheriffs, constables, and all other her officers, agents, and servants, civil and military, may be enjoined and prohibited from executing the laws of that state within the boundary of the Cherokee territory, as prescribed by the treaties now subsisting between the United States and the Cherokee nation, or interfering in any manner with the rights of self government possessed by the Cherokee nation within the limits of their territory, as defined by the treaty; that the two laws of Georgia before mentioned as having been passed in the years 1828 and 1829 may, by the decree of this honourable court, be declared unconstitutional and void; and that the state of Georgia, and all her officers, agents, and servants may be for ever enjoined from interfering with the lands, mines and other property, real and personal, of the Cherokee nation, or with the persons of the Cherokee people, for or, on account of any thing done by them within the limits of the Cherokee territory; that the pretended right of the state of Georgia to the possession, government, or control of the lands, mines, and other property of the Cherokee nation, within their territory, may, by this honourable court, be declared to be unfounded and void, and that the Cherokees may be left in the undisturbed possession, use, and enjoyment of the same, according to their own sovereign right and pleasure, and their own laws, usages, and customs, free from any hindrance, molestation, or interruption by the state of Georgia, her officers, agents, and servants; that these complainants may be quieted in the possession of all their rights, privileges, and immunities, under their various treaties with the United States; and that they may have such other and farther relief as this honourable court may deem consistent with equity and good conscience, and as the nature of their case may require.'. Opinion of the Court Wikipedia article.
1798. The bill states that John Ross is 'the principal chief and executive head of the Cherokee nation;' and that, in a full and regular council of that nation, he has been duly authorised to institute this and all other suits which may become necessary for the assertion of the rights of the entire nation. The bill alleges, that it never was claimed under the charter of George the Second, that the grantees had a right to disturb the self government of the Indians who were in possession of the country; and that, on the contrary, treaties were made by the first adventurers with the Indians, by which a part of the territory was acquired by them for a valuable consideration; and no pretension was ever made to set up the British laws in the country owned by the Indians. Court Documents. 27 1924.
SEVENTH CONGRESS. The bill was signed by John Ross, principal chief of the Cherokee nation, and an affidavit, in the usual form, of the facts stated in the bill was annexed; which was sworn to before a justice of the peace of Richmond county, state of Georgia. Supreme Court of the United States - Marshall, John, Supreme Court of the United States - Clifford, Nathan, Supreme Court of the United States - White, Edward Douglass. By a reference to the several treaties, it will be seen that a fund is provided for the establishment of schools; and the bill asserts that great progress has been made by the Cherokees in civilization and in agriculture.
U.S. Reports: Cherokee Nation vs. the State of Georgia, The, 30 U.S. 5 Pet. They argued that they were a " foreign state, " but subjected themselves at the same time ', At the same session of its legislature, the state of Georgia passed another act, entitled 'an act to authorize the governor to take possession of the gold, silver, and other mines, lying and being in that section of the chartered limits of Georgia, commonly called the Cherokee country, and those upon all other unappropriated lands of the state, and for punishing any person or persons who may hereafter be found trespassing upon the mines.'.
The country, too, 'is consecurate 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.' The legislature of Georgia, at its same session, passed another law, entitled, 'an act to provide for the temporary disposal of the improvements and possessions purchased from certain Cherokee Indians and residents;' which act received the assent of the governor of the state the 22d December 1830.
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