Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-19
SUPREME COURT OF THE U. s.

me Cherokee WALTON VS.. The Slate ef Geareia
F" sIguhsn, 10 ms case, commenced on Saturday
,Ss,, oy Mr.. Sergeant, on the part Of The Cherokee
Nhiion. was followed up this day by Mr.. Writ.
MIR Writ 10 the commencement Of hi, argum.n,
stated the nature OF the pre.ent motion, which he
ss'd was addressed TO the original jpri.diction of ,he
supreme Court in tho name Of the Cherokee Nation
OF indiana. praying for process of subpoena agsin., ,hs
State OF Georgia. and for an Injunction sssin., ,ha,
stat, , er officers, and AGENT, 70 restrain them r,m
1H,letlng IN. Jaws Of Georgia within The Cherokee
territory, on the ground 'bot The ,pe ei6e law, which
go u Introduce ile civil and criminal code of G.orsi.
into the Indian Territory, are null and void. a. b.,ns
lsP"gnsnt 70 me Con''iiui:on, laws, and Trsa,i,. Of,
the U,ited States. "
He sext proceeded % argue that the Cour, possessed
Jorisd ction OF the suijset-ihat thi, uri,dicnrn do.
peodtd solely on the Constitution Of the Uni,.d Q Ate.
ana d1 not proceed from Consrss-ihat Con<re..
could confer nore" juri.d'ciion on tho Supr.m m. Court.
nor could IA take any from which il possessed Ths
CoD't''uton had established tho Supr.me Cou,t ,nr
nad d. n ed ito jurisdiction, and 10 wha, cases ,ha, in.
u ~ ton wa, o iginal and exciusi,e. He tlen ei,d
the B Ar. Of The Consti otioo, by he Let .,e io,. q
wh, u the whole Juticiai power Of he United S, AZ,
Y &c ost'd III ore SsPrsme Court, and such INF, rio
| OURS as Congress shall from time 10 inc est.bI,.h.
and The 2! sec. which describes tn, Judicial uoyrr oI
the Cours-a' relates TO the .ubjest ma ter al coo,,o
very over which its jurisdIcion is to extend, and The
character OF the suits that may CONS before il. AMI
from nat part OF he anne which declare, tina, IN.
Judicial power shall extend 10 oil cases in lar nm
equity airing under the Constitution the law. n, r.
oouen sts's', ana treaties made, or tohich shall D,
maze under Their authority he contsndsd thai ,bs
present. "ssa case With p ainly cams under tbs zoo.
nizanee OF IN, Cour'.
Mr.. Writ hen went on to show that the Cb,ro,..
Nanen was a foreign state, neither owing sIls,i,scs
u the Uni ell ) atss, 20 Gsorgis. to spy ,t.s 10 a..
union, or 10 any other power. That from lin. -
moral ihs Cherokee had been q ,ovsr,isn and ;,ds
Pendsbt pc 1pls-'bat they had been cknowLdr"J =.
such irtm the time OF the FIRST settler. und,r an.
ter OF @ orge III. in 1892, 10 the present d,v hv ~.
various trsAiiss that had been mad. with ,l.m' :, y,g
rem period; and that as such the Sia,, NJ ~ ,osa,,
couId havs no jurisdie ioo within their territorv rha,
slth' ufh within VIII Il wac called the lint. nj C.o,.i
uey were = foreign Sta e, and In proc, of mi, -
stat sed he towns and pfovincesst ono ne iod no.s."
20 by England IN The heart OF France. Bra Ia, 10 a.
a'e ~ the Chrrokees,l they wsre not opIv . f,,sia,
ha1en, hut an ind pesdeni en- - he s,ie and 80
sive II ALTERS OF III The soil within ,bsi, ,.r5,a..
which they had not eeded by their own t,es Iii ~
could be governed, OF right. by no o her lac. he, .,aL
ihry themselves 'heuRht proper 10 orJ,t, A.
WI IN " . course Of his argument qu ted n. s.v.,.
r'sties-"itedv diiiu' cases and dec ons in n. 10. .nI
alter addressing The Court on The subiset f,sn -.
ofioek "i hal past two, concluded his highly f,,s, 4.
AMI eloquent appeal, in 4 pe~rora,ion # d., f.sgns
and pst'o', md IN which the sypoa,bie. O. III, .n1..I
~ were completely enlisted, by expressing his corr.
oenfe That The Court would grant ,be i.iuoc,oa -.
qu'rsd, az the last stay aud hope OF an unfo1,uoat. 800
much injured people. ="
TIE Cour' va, considerably crowded th,oysbo,, N.
aayi some oi'he Cherokee dele gsticn were s,e,.n,-
one OF whom, Of very Intelligent, aud re,pss,sbI. sm
gesi'nss shed isar' sopiously during Mr. Wit,', ~.
oIof'. Noons, Whsn We left, had appeared an m.
MAT. Jspr.
J Inc snosSed potlea If ths si..,too A. p