Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-03-17

acts done within their territory now occupied
Ivy the Cherokee Nation, the of the MISSISSIPPI
pi, has been solemny guaranteed to them; all of
which treaties existing treaties at this day. and
IN full force Ky these treaties, and particularly by
the treaties of llopewell and Ilelston the aforesaid
territory is acknowledged To lie without the urisdic-
ton OF the several States composing the Union of
the U. States and II is thereby especially stipulated
that the citizens of the United States shall not enter
the aforesaid territory, visit, without u
passport from the Governor of State, or from some
one duly authorized thereto by the President of the
U. States; all of which will more fully and at large
appear by reference TO the aforesaid treaties. And
this defendant SAITH that the several acts charged i'm
the bill OF indictment, were done, omitted TO he
DONE il at all, within the said territory so reco"iz-
cd us bcongingto the said Nation, and SO, as aiore-
said, held by them, under the guaranty of the U.
states; that, Tor those acts, the defendant is
nable TO the laws of Georgia, TO the jurisdiction
of the courts of the said States and that the laws of
Georgia. which profess add the said territory To
the several adjacent counties of the said State, and
to extend the laws of Georgia the said terrific
~, and persons inabiting the saine and i'm IDarti-
cular, the act which this Indictment Us. this de-
PENDANT is grounded, to wit:
An act entitled AN act To- prevent the exercise of
assumed and arbitrary power, by all persons I'M
der pretext OF authority" from the Cherokee Indi-
ans, and their laws, and To prevent white persons
from residing within that part of the chartered linn
ITS OF Georgia, occupied by the Cherokee Indians,
und TO provide guard for the protection of the gold
mines, and to enforce the laws of the State within
the aforesaid territory, repugnant to the afore-
SAID treaties, which, according the Constitution of
the United States, compose a part of the supreme
law OF the land; and that these laws of Georgia are
therefore, unconstitutional void, and of no effect;
that the SAID laws of Georgi. also demonstrations
al and void, because they impair the obligation of
the various contracts formed by and between the
the aforesaid Cherokee Nation and the said United
states OF America, us above reced:-also, that
the said laws Of Georgia are unconstitutional
and VOID, because they Interfere with, and attempt
TO regulate and control the intercourse with the
said Cherokee Nation, which, by the said Con-
st'tuion, belongs exclusively the Congress of the
united States; and because the said laws are repug-
nant to the statute of the United States passed on
the - day of March, 1902 entitled an "An net to
regulate trade and intercourse with the Indian tribes
and to preserve peace the frontiers" and that
therefore, this Court has jurisdiction to cause
this defendant to make further or other answer to
the SAID bill of indictment, further try and pun
isn TINS defendant for the said supposed offence or
offences alleged in the bill of Indictment, or any
OF them: And therefore, this defendant prays udg-
inent whether he shall he held bound to answer fur
lher to said Indictment"
Inns plea was ovcrruled by the Court And the
prisoner, being arraigned, pleaded not guilty The
Jury found verdict against him, and the Court sen
fenced him to handabor, in the penitentiary for the
term of four years"
by overruiing this plea the Court decided that
1he matter 1T contained was not bar to the action
pose OF determining whether il makes a case which
brings the party within the provisions of the 25tb
section OF the Act to establish the judicial courts
of the United States"
The plea ayers that the residence. CHARGED in, the
was under the authority of the Prcs;
dent OF the United States and with the permission
ana approval of the Cherokee nation. That the
treaties s'lbsisng between the United States and
lhe Cherokecs acknowledge their right as sove-
reign nation, To- govern themselves and all persons
their
right OF Legislative interference by the several States
composing the United States of America That tho
act under which the prosecution was instituted is
to the said treaties, and is therefore nm
constitutional and void That the said act is also
because it intercrcs with and nj.
tempts to regulate and control, the intercourse with
the Cherokee Nation, which belongs, exclusively TO
congress; and because, also, is repugnant to the
statute of the United States, entitled An act to reg
ulate trade and intercourse with the Indian tribes
and to preserve peace on the frontiers."
Let The avcrincns of this plea be compared with
the 18th section of the Judicial Act.
That section eumerates the cases i'm which the f.
maj judgment or decree Of State Court NAV be
revised in the Supreme Court of the United States
hese are, "where Is drawn in question the validity
OF treaty, or statute of authority exercised
under the United States; and the decision is against
their validity; where is drawn i'm question the VA
dty OF Statute of, authority exercised under
any State, on the ground of their being rcpucnant
TO the Constitution, treaties laws of the u States
and the decision is in favor of such their validity:
or where is drawn in question the construction Of
any clause of the Constitution, or of treaty. or
statute Of or commission held under the u. States
the decision is against the title, right privilege or ex
emption, specially set up claimed by either party
under such clause of the said Constitutions treaty
statute, commission"
The Indictment and plea i'm this case draws in
question, we think, the validity of the treaties made
by the United States with the Cherokee Indians If
not so, their construction is certainly drawn i'm ques
ton, and the decision has been, if not against their
vahdity-"agoinst the right, privilege, or exemptions
specially SET up and claimed under them" They
Also draw into question the validity of statute of
the state OF Georgia, con the ground of its being
TO the Constitution, treaties and laws Of
the u. States, and The decision is i'm favor of its va
Idty"
Ii is, then, we think clear for controversy that
The act of Congress, by which this Court is const-
uted, has given it the power, and, of course impos-
Ell OIL the duty, of exercising jurisdiction in this
case. This duty however unpleasant, cannot he
avoided. Those who fill the Judicial Department.
have no discretion in selecting the subjects TO be
brought before them We must examine the de-
ence set up in this plea. We inquire and de-
;Ide whether the act of the Legislature of Georpia
lnder which the plaintiff in error has been prose
;uted aud condemned, be consistent with or rcpur-
nant to the Constitution, laws and treaties of the Il,
States.
1t has been said at the bar that the acts of the
of Georgia seize on the whole Cbero-
zee country, parcel it out among the neighboring
counties OF the State, extend her code over the
Wholc country abolish its institutions and its laws
and annihate its political existence
If this be the general effect of the system let us
inquire into the effect of that particular statute and
ri i'm nm yI1i ,,l.. = A.