The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-12-22
THURSDAY

was obtained from q Legislature, nor how
promptly it was repudated by the people, i
must stand, if innocent purchasers wer
affected.
The main value of tie decision was tn.
assertion of the United States power to re
view the acts of States, and insist on con
formity to the Constitution.
The celebrated Dartmouth College decision
in 1919, which was on something the same
lines, and has had the widest influence upon
our laws in regard to charters, was another
assertion of the National right of supervision
of acts of States.
| A bitter religious controversy had de-
veloped in Dartmouth College, which, in
| 1915, led the Trustees to remove President
Wheelock. Thereupon the Legislature oi
New Hampshire took hand i'll the matter,
amended the charter, which had been granted
by British Governor in 1854, changed the
name to Dartmouth University, and invested
a new corporation with all the property.
The old Trustees BEGAN suit for the recovery
of the property, which was decided against
them by the Supreme Court OF New lamp
shire, whereupon Daniel Webster, then but
30 years old, and only rising into fame. took
the case to the Supreme Court of the United
States ard by able management won it,
SHlGi 81 uStlCC OiuU ShAi tOio
were inviolable, and not subject to review by
subsequent Legislatures.
The Supreme Court did not come off so
well i'll the prolonged tussles it had with the
State of Georgia over the celebrated Cherokee
case.
When Georgia, in 1902 ceded her western
territory to the United States she stipulated
that the United States should extinguish as
soan as it could be done peaceaby and on
reasonable terms the title of the Cherokees
and Creeks to their lauds in the north
ern and western portion of the State. But
these lands were the ancient homes of those
people, and they had developed them to some
extent and made considerable progress in
Possession had been sOlemnly
guaranteed them by several treaties.
This Georgians at once began the survey
and sale of the lands. which the Cher0kees
bitterly resisted. Presidents Washington,
Adams, Jefferson, Madison, Monroe, and
John Quincy Adams attempted to protect
the Indians in their rights, and Congress
passed laws i'll that direction; but the Legs
lature of Georgia passed other laws, and di-
rected the Governor to enforce them Finally
President Jackson came in, who refused to
interfere in the matter.
The Indians then turned to the Supreme
Court. The Legislature of Georgia had
ordered that the laws Of the State should be
extended over the Cherokee country June /.
1850. Geo. Tassels, a Cherokee, was found
guilty OF resisting the execution of those
laws and sentenced to death. Dec. II, 1880,
the Supreme Court cited the State of Geor-
gia to appear IN Court the next month and
Show cause why the judgment against Tas
sels should not be corrected. The Legisia-
ture passed resolutions instructing the Gov
ernor and other metals to pay no attention
TO the writ, and resist it by force, if neceS-
sary. Geo. Tasseis was executed.
The next year the Supreme Court made
another order to the State of Georgia to ap-
pear before its bar, and again the State re-
fused. Again, in 1882 the Supreme Court
ordered the State OF Georgia to discharge
from prls N two missionaries, wIo hai
entered the Cherokee country under the law
of the United States, but without psrmis-
sion from the Governor OF Georgia, and
were sentenced therefor to the pehitealiary.
The State refused, aud the unfortunate
had 10 serve out their sentences.
These cases are important in a historical
sense, as the first successful notification Of
the laws OF the United States
tn ;,e gfa,fe