Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-03-18
SUPREME COURT OF TIE I. s.


The Cherokee Nation The State Of Georgia. The ar
sunent in this case commenced Saturday last by Mr. Ser
his day by Sir Win, -''''''' Was ''"0"S" Up
MIR WIT in the of his argument gated .hr
nature OF the present moriu which he was addressed Ia
the original "rIsdcton of the Supreme Court name OF
the Cherokee Nation OF Indians praying for process of sub
pona against the State OF Georgia an Injunction
against that STATE, her officers and agents. them
flom exercising the laws of Georgia within Cherokee Ter.
roty, the ground that the specific winch 90 to Introduce
the civil aud criminal code of Georgia into Indian Tenn
laws and Treaties Of the United States
lie proceeded to tat the Court possessed iu
1'!"n o. the suarthat this jurisdiction depene
on ht Constitution OF the United States, and did proceed
mn CoDsfe>sihat Congress could Confer iirisdc
ton on the supreme Court, could take aay which
EpnseSSCd The Constitution had established Sulreme
Court and had defined its jusdirton and what cases
that jurisdiction original and exclusive He then cited
the Sd Art nf the Constitution, LIST section Of whirb
the whole Judicial power OF the United States deposited
SHALL I0n time esial!s I'd sec which das
rrc the judicial p1"er OF the Couras the sub.
icot mailer Of cnrroye sv over hicI rs ,risIc,icn
tent and the character of The that may before H.
And from that par. of the which declares that the
sing uader Constuonte laws OF the United Siaes
ant treaties nude, 'cc she'll Re made under their auhory
he commended that the present was case which plainly
Mr. Wr then went show that the Cherokee Nation
was foreign state, neither owing allegiance United
States In Georgia, To in the union any Other
power That ION time imnemoTiai the CherOkees been
sovereign and independent propleha they bad been ac
knowlodged such from the first settlers under tho
charter Of George H. it, l732 present hay by Tic var
GUS treaties had been made with them different periods
and that such the State Of Georgia could no rsdir
ton within their territory That although within what was
called the limits OF Georgia, they foreign State and in
proof Of this ne nsauced the towns and provinces al one
od possessed by England in the heart France But ha,
~ the case Of the Chcohees they foreign ma
ton, but an independent onehe sole exclusive asp
OF all the soil within their territory which not ceded
by their free WILL and could he governed of right by no
other laws but such they themselves propcr tn r
dam MI WIN III the Of his argument quoted TIC
several Treaties cited various aud decisions in point
and after addressing the Court the subject rlsven
clock ' half pat two concluded his highly and eo,
qucn appeal III peioaliou of deep feeling and pahn
q
enlisted, bv expressing his confidence tie Court would
grant the injunction required last stag hop. OF an
Unfortunate and much injured people
The Court cOnsi eraby crowded throughout The day;
some of the Cherokee delegation uhnm
OF very intelligent and esperae appearance tears
eopousy during MIR Wirts address No one, when VIC irf
had appeared on the part OF Gsorga-Ent JoUr.