Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-24
THE yyNDLfr oUrSryoN- q,

THE LNDLft Question:, Sc
We nave letters from Washington, which sp..k Of
the Decision Of the Supreme Court, in the c,s thu
Cherokees Vs tho Sta.e OF Georsa--Tbe following are
extracts:
WASHINGTON, March 10.
Tho National Io,ege doe, not seem TO un.
dersand the opinions OF the Supreme Court, 70 no,
think any thing was said which touched tn. merits Of
me case except what wassaid by Judge edwin; and
that was directly agsinst the iudaas Tn. oh. two
Judgt seemed TO study avoid saving any ding which
would show, that, in their opinion any wrong had
oeen done The Indians; or. that there cay mode
by Which the QUESTIONS between tho parties could he
adjudiea'sd They decided the case on the question
OF jurisdiction before that Court and wha'rvee else
d,an'. LNTERESTT.vG
Ertrdct of a letter to the Editors of the ENQUIRER
from " osh'ngton, March Is, 1881.
" The Supreme Court has inst decided the case o.
the Cherokee Nation The State of Georyi. heard
Ill The opinions read, and had glance that Of n
Chief Justice in manuscript. l belive I understand
and remember the principles which the case was
decided
| "The Cherokese, claiming 10 be- n foreign State
lied their bill in the Supreme Court, setting forth nu-
merous grounds oil compiaia' az inst tn. s a'e OF G.or
snCand praying, suo"g ohcr ,bings, that this a,-
her Governor, other officers, aud all her citze ,s
should be perpetualy eDioined from interfering any
manner with the lands within the Coerok, e bound,.
ry-t at the Cherokee Nation should b. declared a
sovereign ard independent State-tht the laws OF
Georgia, Claiming the exercise OF Jurisdiction over
them, be declared null and void, and that the aes
with Them h'uld be carried into full force agant The
claims Of Georgia.
The Chief Justice, In a concise bu. able opinion
declared IL to be the judgment of majority of the
Cour, that the Injunction should be refused, and tn
o'i dismissed. He admitted the Cherokee Tribe Of Iu-
dams to be State having peculiar relation, with the
United States but OF what particular description he
did not define He contended. that this Iadian Tribe
wa- not foreign State Nation, within the mean.
ing oil the Constitutions and, therefore, the Court could
not entertain original Jurisdiction of the cause. His
reasoning on this point thought entirely conclusive
lie insisted al'o that the matters Of complaint set forth
In tbs bill, were wholly Of polite al character-and
therefore, not proper subj'cs for judicial cogpizance
On this ground too il was decided the Court had n,
jurisdiction This last principle TO preclude eve
inference attempted TO be from other oar,s of
the opinion, that the Court intndted that some
course, sustaining the Indians in their pretensions
could be taken before other Judicial Tribunals baying
complete original jurisdiction. Nor did hear any
thing said by either Of the Judges from which IL could
Justly Inferred that. in their opinion there was any
mode by which the rights OF these Indians "a indiyi
duals, to the lands claimed by them could be
before the Supreme Court for adjudication.
Judge Baldwin delivered a learned and very able
opinion, 10 which he denied that the Court had is-
dc'ion on any OF the grounds set UP. He commended
that the Cherokee Tribe not foreign Statethat
twas not State-and that it had no political exist.
ense Whatever He traced the history OF Iudian az.
fairs In this country, from early times she wing in
iucd ana interesting m,nner that by no act OF any of
these States, or of the old Congress- or of the lvs,n.
ment under the present Constitution had apy Indi,
iioe oeen recognized as an ind pendent State-Tha
'heir right to the country occupied by them was a
mere '1ghf OF occupancy And, in fine, the whole
1
the course pursued by the President, in relation to
these Indians and to support entirely the State of Geor
gia 10 her claim Of jurisdiction over thin
" Judge johnson gave an opinion, with his usual a.
oi'ty' force and Per'pcuy, showing again his great
good sense and prudence [frO chich he perv seldom
depdrfs,J in all matters touching the rights of the
states. and the powers Of ,hs General Government
Agreeing with the majority of ths Court i'm the indg
ment pronounced, he gave his own reasons which diff
efed In some respects from those given by the Chief
Justice, and by Judge Baldwin H, went farther
than the former hut not quite far as the latter RI.
denied, that the Cherokee Nation was a foreign State
he acknowlsdgedh that the ndian TRIES had some 70
uea exstence-but coneDded that they were not States
THAT until the Government re COS nized them as ind.
pendent States not in tho power the Court 80
rseognize them He argued, that they had been
mus Recognized; and he conendsd that il the Chero.
kee Nation was foreign State and this character a.
lone could give them right TO in that Court then
mos' surely ihe Court had no jurisdi 'tion mat
ers Transporting and erisng entirely tuithn the lin
ats OF such foreign State. This argument was con
sidersd happy, forcible, and indeed. unanswerabIe
Judge :hcLedn agreed in dismssing the bilI--but
gave no written opinon.-Judges Sfory and THOMPSON
were hot present-bu, il is said they di,sented on eve
ry pont-Judge Duual was absent during the whole
Il &C. Thus has blown over tremendous storm. a,,emn
ed 10 be got up for political purposes without the slight
EST INJURY being done 10 the Administration or any of
IT'S friends. The whirl@ind rushes ,hoss who raise
IL. III the Indians had been sustained by the Court
the decision would have been proclaimed as compete
overthrow OF the present Admins ration. The Cour.
has decided in favor of the Views of the Executive
ana me effect must be ben fetal now as il would
have been adverse to the President had contrary de.
csion been given ~
This Indian excitement has been Summarized in
Congress- during the whole Of the two last Sc sions
1t was main reliance for The Opposition And with
lew days OF the close Of the late session when bu-
sness pressed on Congress from every quarter de-
bate, on this subject, of great Length was INDUCED in
Tor fear 1t would seem that the fever would
The kind feelings and sympahes of the people in "a
vor OF the lndians-of those too, who know but little
oil Indian character or temper re led on to de.
sroy the President, and every Member of Conyress
who voted for the Indian bill
At last their designs have been wholly frustrated
by decision of the Supreme Court that Tribunal on
which the Opposition rely for the maintenance of their
federal principles war OF determination was TO he
waeed by the Union against the State of Georgia IN
protect some ideal notions Of Indian Sovereignty ADD
The President wa 10 be forced into these MEASURES by
the Supreme Court; AMI the excism mt produced on
the public mind. II he did not Weld, he was IN he
Frustrated by This effort. These politicians, who ar.
rogate to themselves exclusive devotion TO the IT,
Mon, were willing TO make upon a member of IN,
Union, not for the sake of the Indians but for polii
cal ends. The Court has niPped in the bud hi, mad
scheme Of political ambition
"What will be the next effort of this parv who ara
always grGsping for Po,oer pooer no m IN can divine
WIZ they not mainly rely the supposed advantage
TO be derived from the Correspondent ce'2 In this
they will be as much disappointed as they have been In
regard to the Indian subject The great BODY of The
real Patriots Of the Country-a Tribunal HIGHER than
the Supreme Court self-will decide that due tion &
Will not permit them selves to be distracted divided and
conquered by little Jeuds and the wiles of our enemies
The people have principles in which they DEEM of
the most inheritance. The opposition party take sides
with the disa6eced until they make an irreoarabIe
breach, through which they expect to enter in lriumub
with all their forces, sack the city, and and over