Virginia free press & farmers' repository. [volume] (Charlestown, Va. [W. Va.]) 1827-1832, 1832-03-08
IMPORTANT DECISION.
In ts Supreme Court Of the United States
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On Saturday last, (ssys,he National In,elliren-
Ger Of the sth inss. Mr.. Chief Justice MAnsmALL
delivered the opinion Of the Court in this case.
reversing the Judgment Of the Superior Court Of
Gwinett county, in Georgia. The effect Of this
decision is, that the acts OF Georgia taking
possession Of the Cherokee country. and provisi-
ing for the punishment Of persons therein rcsid-
ing. without the license OF the Governor, and
without taking an oath of allegiance TO the State.
arc declared null and void, contrary 10 the sou
stitution, treaties, and laws Of the United States
The opinion ~ the Chef Justice wa. very
elaborate and clear. lie took review or
the origin OF the Eur opean title TO LANDS in
America, upon the ground Of discovery. He
established that this right was merely con.
rentonal among the European Governments
themselves, and for their own guidance, and
the regulation Of their own claims in regard
to each other. and in no respect changed or
affected to change the rights Of the Indians
a. occupants Of the soil: That the only ef.
feet Of the European title vas, rs between
European nations. TO recognise an exclusive
right Of trade and intercourse with the In.
dams, and OF ultimate domain in the terrific.
ries occupied by the Indians ia favor of the
nation or government whose subjects were
The hrst discoverers: That all the European
governments, Spain, France, and especially
Great Britain. had uniformly recognised the
Indian tribes and nations rs distinct commu.
mites, capable ct. aud entitled TO, selEgo-
vernment, a. States, and in no respect, ex.
cept ~ to their right Of intercourse with
other European nations, and the right OF pre-
emption in the discoveries to purchase their
soil, ~ under the control or power Of the
Europeans They were treated a. nations
capable OF holding aud ceding their terrific.
ries, capable Of making treaties and com.
pscts, and entitled to all the powers of peace
sod var, snd not as conquered or enslaved
communities. He demonstrated this from
varisus historical facts, and showed that
when upon the Revolution the United Colo
pies succeeded to the rights and cisims Of
the mother country, the American Congress
uniformly adopted and adhered TO the same
doctrine. both before and after the confedera.
ton that since the adoption Of the Conssi-
tuition the same doctrine had a. uniformly
prevailed In all the departments Of the Co.
yernment; and that the treaties with the In.
diana were held to be treaties. and obligatory
IN the same sense as treaties between Euro
pean sovereigns He showed also tina, this
had been the established course Of things re.
coguIsed by Georgia herself, from the adop-
ton Of the Constitution down TO the wear
1899. - evidenced by her solema acts, com.
psets, and laws He then showed that by
the Constitution the exclusive power belong.
cd to the United States TO regulate inter.
course With the Indians, and 10 receive ees-
sions of their lands, and TO make treaties
With them. Tha, their Independence Of the
State Governments had been constantly up
held, that the right Of possession to their
land was solennly guaranteed by the United
States and by treaties with Them. until that
title shouid, with their Own consent, be ex-
'inguisbed. and that the laws passed by Con-
gress had Requested the trade and intercourse
with them accordingly.
He now reviewed The laws Of Georgia
Ia question. and pronounced them repug-
nant to the Constitutions, treaties, aod
laws. Of the United States. Add he con-
cluded by maintaining that the party de-
fsedsat IN tho present indietDent was en-
titled to the protection 81 the Cansiita.
hons treaties, and laws, Of the u States;
and that Georgia bad no authority to ax
tend her laws ever the Cherokee country.
or to punish the defendant for disobedi
ence TO those laws 10 the G heyokee esunIry.
Mr. Justice Mclean delivered . sepa.
rate sPsDien. eoneurring 10 all hing. IN
the opiaion %! The Court Mr. Justice
Baldwin d,ssented