Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-12-09
INDNA1f A,NIIYe a EI8 S.

that an interesting decision the subject of the In.
dian right to Sovereignty, the Cherokee lands had
been recently made in the highest tribunal of the State
oil Georgia. The subject is ono of such importance
that we give at length the opinion of that tribunal
which was Convention of all the Judges of the differ
eHtcrcults oil The State. IL entitled moro weight
In That II Is understood TO be the production of one of be
most distinguished CITIZENS OF that state well as one
oil The most eminent men in the Union, viz: of VIII.
LIAM Ill 'CRAwToRD, a man whose name is closely
idcnhhed with "oidtashioned' repubcanisn
ne case was one, in which indictment hal been
iound agaiHst Cherokee, for the murder Of another
CheroNee' Within the territory claimed by at t,ibe Of
Indians aud In theit occupancy. The Indictment va
loHnI under statute OF Georgia, passed in ibe yo,r
lS29, Tor extending tie laws of the State over ~
okee country, and which, for the purpose Of yivne d.
superior Courts Of certain counties jurisdiction ovcr
offences committed in tho Cherokee territory
the whole OF said territory to certain counties of the
STATE bordering upon the same. part of that terrific.
ry was attached 10 the county of Hall and IL w,sin L
part so attached, tdt the offence described in the in
cunent was charged to have been committed tn
ms Indictment plea to the jurisdiction of The Co,r,
was hle', and the Judge presiding, in Hall couniv
CuISc Layton reserved the question for the opinion
OF the Judges in Convention. r
The Counsel for the defendant apoearsd beforo ,h
Convention, and conendcd that the act of 1929 If thc
state oil Georgia extending the criminal jurisdiction nf
ire state over lie Cherokee country was uucon<,it
uonal and void That by various treaties negotiated
between the United States and the Cherokee Indians
Beginning WIN the treaty of Hopewel and ending with
the year 1929 the Cherokee nation had been tpeaed
win, and considered an Independent sovereign STATE
and therefore, could not be subjected to the laws oC
S"'ei hdt IN inosc several treaties, the right of self
government had been expressly recognized and die
tinctly maintained by the Cherokee tribe or nation III,
the extending the criminal jurisdiction of the laws of
Georgia over the Cherokee nation, an infringement
OF the night OF sclfgoycrnment secured to the Cbero
zee Indians by the treaties with the United States
which treaties were by the Constitution Of the United
Sates, declared 20 BE- tho Supreme law of the
ihe constitution declares all treaties made or 10 he
made, the supreme law OF the land; the treaty of Home
Wen OF anterior date the Constitution and il there
lore expressly recognized by it, and consequently en-.
ri 9Th in tho doc r .Is
That treaty contains article acno Lodging the ri
TO declare war against the United States which by
Gounsel W. rehed upon as unequiyoca evidence tha
me United states acknowledged the Cherokee Indians
TO be sovereign forei. State possessing at least tho
sovereign attribute of declaring war
Upon this plea, the Convention of Judeos delivoreJ
me opinion, which we publish to-day, and which az We
sad Seiore Is stated in the Georgia papers, to be from
ihe pen Of Mr. Crawford fBaH B,n
STATE OF GEORGIA.
HdH Superior court September, 1890.
mdistncnl-JhDd.,.
BY the Convention NJ Judges.-Th, Is a very gr,v.
aud mPortso, question, which probably never ,ysuId
have been submitted to Judicial investigation but for
the political parry and f6nldca feeling excited durin
The last session Of Congress when The Indians surnJ
ing at washing on last winter, and their aJyocsss ;.
covered that the decision Of the two Houses yyooII g.
unsVorsble TO hem, HE idea Of bringing The no,. io,
before the supreme Court wa4 suggested and eagerly
seized upon by Tie depu'sjn of ihs Cberokges i1
consequence OF dat determination IL IL prs,umeJ ia
me plea now urder consideration has been insrposeJ
The manner, however 10 which Ihs plea ha, bsrn in
rposed ought not, snd II s resumed will have no in
huencs upon lie decision. The relaiioos vLich S."
existed between The Indian tribes OF tbs American n
hneni and the d'G rent European natons WHO nv.
established colonies In America, end wi ihs colooias
memseYs', afc'lo be connected from the histories an
guouc set' o. those naon' aud for the space of ahon,
zVDyears. Duiiog chat tme, many ebanges Of public
VPIon Nou OF PHbic conduct towards the Indian tribe.
have taken place; which changes are s,rong;v n.,S1
IN me records and proceedings ofihe different Eiroos
na'Ions who bal colonial esabi.bmenis in Ame,lca
nose etapse'' hsve however, introduced same t,n,er
ana 90 actually exis between the government, fo.n,ej
by EaTopesn desceodsnts cod the aboriginal liz
Ba' The cebdtei Of the crown OF Great Brsn ~ H. ~
dan tribes has baen isss variant The fslG, b, w