Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-03-16
SUPREME COURT OF THE U. S.
MONDAY, 14th March, 1851.

MONDAY, l+Un MATCH, 1901.
The Cherokee Nation Us. The STATE of Ge0r-
qG-The argument in this case, commenced OF
saturday last, by Mr.. Sergeant, on the part of
ne Cherokee Nation, was followed up this day
~ Mr. Writ.
Mr.. Writ in the commencement of his argu-
nai, stated the nature of the present motion,
Soch nc said was addressed to the original juris-
dclol Of the Supreme Court in the name of the
Cherokee Nation of Indians, praying for process
y sgbpRna against the State of Georgia, and for
hnJuncuOn against That State, her officers, and
gents, to restrain them from exercising the laws
y Georgia within the Cherokee Territory. on
Tie ground that the Specific laws which 90 TO in
aoiaee the civil and criminal code of Georgia
iao the Indian Territory. are null aud void, as
Eus repgnant to the Constitution, laws, and
Treaties of the United States.
lie next proceeded to argue that the Court pos
~'''d jurisdiction of the subject-that this iuris-
'ciOn depended solely IN ne Constitution of
ne United States. aud did not proceed from Con-
,rss-that Congress could confer no new juris-
"O"n on The Supreme Court, nor could 1T take
Nv from 1t which 1t possessed. The Constit&
ia had established the Supreme Court. and had
NIu w VIA Ease liul
I4.iichon was original and exclusive. He then
"7h Tie sd Art. OF the Constitution, bv the lst
r'a"G Of %afh the Whole Judicial power of the
lnUSu states rs deposited in one Supreme Court,
'' SacA Inferior Courts as Congress shall from
'-' " Tune establish: and the ID sec. which de-
$.'e' The judicial power of the Court-as re-
"EsW The subject matter of controversy over
~Isa is jurisdiction is to extend. and the cha
''Srot Tie suits that may come before it. Aud
I'um4t Partof the same which declares, that the
''lVal power shall extend to all cases ia iQlp
-'' THiy' arising under the Constitutinn-the
w. o. The United States, and treaties made. or
"Seaao De made mder their authority. he CON
'ue' mat the present was a case which plainly
y uauer the cognizance of the Court.
VI Nut then went on to show that the Che
''s Nation was foreign state. neither ewing
9anCe 10 the United States, to Georgia, to any
III ue CniOn, OF to any other power. That
va" uu'e mmcmOrlal the Cherokees had been a
s's'SH aud independent people-,hat they had
!" acknowledged as such from the time of the
settlers under the charter of George Ill. in
. We present day. bv the variuu treaties
,nT IAu oeen made with them at different periods;
wv! ua' as such the State of Georgia could have
Ju,sulcuon within their territory. That al
,o 's' within what was called the limits of Geor-
rS' Iel were a foreign State, and in proof of
nss. ae 'nstanced the towns and provinces at one
PR-''~u possessedby England in the heart t of France.
ro, ua' IN The case of the Cherokees, they were
-%! foreign nation, but an independent one
-, >'e and exclusive masters of all the soil
nv Weir territory, which they had not coded
r,S "eT own tree will, and could be governed, Of
~ oy no other laws but such as they them.
Vvfs thought proper TO prinip.
ted ~ M ut in the cOurS is argument quo
~ ! IN point. andS Adressinp the Cour,
'"' subject from e D'clock Till half mas,