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BE CASE.
i tntri am
ii iff >■/•* or rats of :
by on* i i:*-r of the *-«»i*trsif*T; r
lic* again. >■ oil■■■•; i* mtit.mil> for- v*
mu! burn-ii in the depth, of ol>l >■ -■ •
never more to be Lad m rcmom
l»r i nee.
‘■Jd. That a perpetual pence and friend*
ship shall from henceforth take place mid
b si • vi.i the contracting parties
a; ■>. h rough all succeeding urn. ni
tons: and if ei'lier of the parties ere tfi
gagml ~i just mi o i.ecessarv war tr-lli
any other nation oi nations that then
each si ;l! assist the other in due propor
tioi to 'heir abilities, till flair enemies are
brought to reasonable terms of accommo
dation »Ve.
ii article -'i-’ulates among
ot’- .s i tree pas _** tor the %ir s < r
* ica roop-t!, t ijri the Delaware r ations
and i gages that they shall he fur a lied
ivi’h ’irov.s.ons and other tntet ss-rtes at
tin r value.
4th Foi die better s'*- s tv of peace
and -hip now entered into by the
Cos *. a , p irtics agaist ail tid nation*
of •' lat, by the citizens of either par
ty .i jud'i't of the other li< dber
part, s- dl proceed to the infliction of
po. ! 'j;i do citizens <>f'h< other
oib 'it an by securing the offeuder
oro.b- dfr- 1 v impr sonini iitor >iv ntlur
competent means till a fair and impartial
trial <an in bad by judges or juries of
botii parties as near as can be to the laws
customs and usages oft he contracting par
ties ,! natural justice
sth The fifth article regulates the trade
'betvteee the contracting parties in a man
ner e fly equal.
(i'll. The Gill article is entitled to pecu
liar aft- tiou as it contains a disclaimer
O’ - which were at that tirin’ ascri
bed to the United States by there enemies
a. r>' : the imputation of which Con
gress was then peculiar anxious to free the
Go. r meat. It is in words;—‘"Whereas
the en< mies of the United States have
endeavored by every artifice in their pow
er to possess the Indians in general with
ott opinion that it is tlie design of the
States aforesaid to extirpate the Indian*
and to take possession of tlic ; .r country,
obviate false suggestion the U. States
do to guaranty to the aforesaid j
not <’• of Di law are and their heir* ail j
the *• *< i’ *■ ! r .fits in the fullest and most j
ami 1 ir *s tt hath been bounded j
by ji’’n « long IS the said Del- ;
nw’.ir* \ ! i'd abide hv and hold |
fas' ■ - >; friendship now entered;
into ”
Th* cs further agree that other
tri!»* ”• l!v to the interest ®f the United
S’*’ he invited to form a State,
wh oi’the Delaware nation sliall be the
head and have a representation in Con— j
gn>».
This treaty in its language and in its ;
provisions >s formed as near as may lie on j
the model of treaties between the crowned j
heads of Europe.
The sixth article shows how Congress j
then treated the injurious calnitiv of.
cherishing designs unfriendly to the |
poli’o’,-i| and civil rigid* of the In
dian'.
Dor, 1 the war of the Revolutions the j
Chi*rok<-<*s funk part with the British. Af- ‘
ter its termination the United States]
though .fi - ' >ns of peace did not feel its !
uecesff >. trougly as 'while the war coil- j
tinned. 1 1 ir political situation being
chan, i itwv might very welt think it]
adv said** to assume a higher tone and to j
impress on tbe Cherokees the same re
spect for Congress vvhie.lt was before for j
{he K o o' G B'ita o. Tins may ac- j
cou 1 1 I iguagf of the treaty of!
II t'iiere ,is the more reason for j
siiouo ■ a that th* Cherokee Chiefs were |
not very e-mcal judges of the language 1
fro 1* , i”i that’every one makes his ]
m * e> elm 1 was capable of signing his j
name. It is probable tin* treaty was inter- !
pr nil to them.
t he treaty is introduced with the de- :
claration that “Tin commissioners pleni
potentiary of the U nt***l States give peace
To .1! the Cherokees, a id receive them in
to the favor mid promotion of the United
States of Vtnerica on the following condi
tions.”
When the United States gave peace
did they not .also receive itT Were not
both parties desirous of n? If we consult
the li.srorv of the day does it not inform
US that th'* Un ted States were at least
as anxious to obtain .t, as the Cherokees?
W eina* tsk further. Did the Cherokees
com ■ to the sent of the American Gov
ermn -t to solicit peace or did the \meri
ca*t Commissioners go to them to obtain
it? The treaty was made at Hope
well not *t N. \ ork. The word give,
then has ro real import nice attached to
it.
The first and second article stipulate
for "I*** mutual restoration of prisoners and
nr.* . lu-e equal.
'i e third article acknowledges the
Chen **es to he under the protection of
tl. i te*! Stat.s of America and of no
oth* i Uovvi r
Tins stipn arioa is found in Indian
tre iM « generally. It was i. troduoed in
to*. •*r tr. as with Gre.it Britai-i and
ra urohahlv b. iouml in thus, wth o
tl» E*ux>iuta*i Bowers. Its origin mav
he e*' ’othe uitiire of their eo nexion
with ’ho..*- Bowers; ami its true mean
ing is diue.eraej hi their relative situa
tion.
I general law of European sover
*l ' • 1 , ’ i< *1 the r ci .i'iH m AmercH,
I intercuipm of 1 h.• - m a
gu u .a gr, i in lie pMriK ular potentate,
v* .is uhumue right of dounm was nc
k nowlmlged hy the others. This was the
general state of things in time of jier.ee.
it v» ts si>:mtunes changed in w..r. The
e «q..- tx w.is *J.j llieir Mtpput* r
derived : iiirfiy iron that, nation audti.iti
: a cO; ta rd to t. Goods, iron j.eni-n
--■ to then cornier a the shape ofitt
■ rms were r<c« ived from the same hand—
V. iiat was ot stii! more importance the
strong liaml*ol (imeminent was interpo
sed to restrain th* disorderly and licen
tious from intrusions into their country
from encroachments on their lauds, and
from those acts of violence winch wire
often attended i y r. i .proeai nsi.rdi r. The
Indians perceived >n this protect-on oaf.
wl.at was boiit fii .al to themscivi s—an en
gagement to punish aggressions on them
It. involved practically i:o claim to then
lands no dominion over their persons. It
men !y bound the nation to the Dnt.sh
crown as a dependant ily churn t.g the
protection of a powerful friend m.d neigh
bor to and receiving the advantages of that
protection without involving a surrender
oftheir national character.
Tins is the true meaning of the stipu
lation arid is undoubtedly the sense in
which it wtts made.- Neither .be British
Government nor the Cherokees ever un
derstood it otherwise.
The same stipulation entered into with
the tJ. States is undoubtedly to be con
strued in the same manner. They receive
the Cherokee nation into their favor and
protect,on. The Cherokee* acknowl
edged themselves in be under the protec
tion of the United Sta es and of no other
Bow* r. Protection does not imply the des
truction of the protected. The manner
in which this stipulation War- understood
by tin Vmericnn Government is explained
by the language and acts oi the first 1 re
sident.
The fourth article draws the boundary
between the Indians and the citizens of
the United States. But in describing this
boundary the term allotted, and the
term “hunting ground” are used.
Is it reasonable to suppose that the
Indians who could not write anti most
probably could not read, who certainly
were not critical judges of our language
should distinguish the word allotted from
the words marked out. The actual sub
ject of contract was the dividing line be
wreu the two nations and their attention
may very well lie supposed to have been
confined to that subject. When in fact
they were ceding lands to the United
States and describing the extent of their
cession it may very well be supposed that
thev might not understand the term em-
ployed as indicating that instead of gran
ting they were receiv mg lands* If the
term would admit of no other ffignificution
which is not conceded it being misunder
stood is so apparant results necessarily
from the whole transaction that it must
we think he. taken in the sense in which it
was most obviously used.
So with respect to the words hunting
grounds Hunting was ut Umt timo the
principal occupation of the Indians and
their land was more used for that purpose
than for any other. It could not however
he supposed that any intention existed of
restricting the full use of the lands they
reserved.
To the United States it could be a mat
ter of no concern whether their whole
territory was devoted to hunting grounds
or w hether an occasional tillage an occa
sional corn field interrupted and gave
some variety to the scene.
These had been used in their trea
ties with Great Britain and had never
hern misunderstood. They had never
been supposed to imply a right in the
British government to take their lands
or to interfere with their internal govern
ment.
The oth article withdraws the protec
tion of the United States from auv citi
zen who has settled or shall settle on the
lands allotted to the Indians, for their
hunt ing grounds and stipulates if he shall
not remove within six months the Indians
J may punish him.
Tlh 6th and 7th article stipulates for
the punishment of the citizens of either
country who may c immit offences on or
againstthe citizens of the other. The on*
j ly inference to he dhiwn from them is that
the United States considered the Chero
kt es as a nation.
The 9th article is in these words: For
the benefit and comfort of the Indians
! and for the prevention of injuries or op
j pvession n the part of the citizens orln
i dians the United Stales in Corgress ns
j srmbled shall have 'lie sole and exclusive
right of regulating the trade with the In
-1 dians andnmnagingall their affairs as they
| think j roper.
To construe the expression m imaging
j all their affairs into a surrender of self
government would bo we think a pervt r
j sion of their necessary meaning and a de
i parture from the construction, which lias
j been uniformly put on them. '1 In* great
i subject of tlu* irftcle is the In 'inn trade.—
Ulie influence it gave mad, it desirable
i that Congress should possess and. Tin
j ('oi.iiuissioin rs brought forward the clan:.
1 w th tlie prop-.-- o:. that tin ,r motive was
| the benefit ami comfort ot the Indians
land the pnrn; onofittj res o: oppression
This may Ir true as respects the regulu
| tioa oi their .ratio and as respects the reg
ulation oi all affair* co. at cud wi l. the r
! trade but cannot Ih* true as respects the
j management of ail their dl'uis. The
mos' importm.t ot these is the cess,on of
the rla ids am.! security t gains: minders
[•* 1 them. Is it cieddtle tlmt th v could
j have cons dered tfu-u s ives as surrender-
Img to tin* United S ates the rig't to dic
tate th rfiii<ir e stuns an ! r.e i.*r«ii on
■ " !tl ey should tie made or to compel
the .• aniiii.snon lo tin \ i.l .e. ofdisru
lirl* i*d lice' mis i,trtvli 1 ?—lt is. e-
II! dlv ilieo. «-< t\lll'll tb t ll.i v could law
1 upposed tliuu* Ivi *by ** phrase slipped
into ab 'article oti another aud most ia
ttiifcting sj.ljec. to hc.'.t d.M red tbim
i's-ol ip. righto! self-gi.vert.Wiei: on
’id'.ji cts tiotvcohi ect, <; w nil trade. >ucii
a m< .sure could not be tor tin ir heiiefir
a .o comfort or Jot the prevention ot inju
ries and oppression. . s ncli a constroi
i n would he iiiconsiati nt w.tli the spirit ot
■ and of all subsequent treaties especial
ly <>. those articles which recognize the
right oi the Chtrokee* to declare hostili
ty and to make war. It would convert
a treaty of peace covertly into an act,
annhibaiii g the i ohttcai f xistru ee of one
of the‘parties, find such a result been
I intended, it would have been openly a
t vowed.
j This treat) contains a few terms capa
ble of being used m a sense which could
not have been intended at tin time and
which is incoiis.sti nt with the practical
construction whydi has always been put
upon them bu? its essential article trea:
the -'Cherokees as a natioi cajiable of
maintaining tie relations of peace
and war and ascertain the hnumln
ries between tliem and the
Mates.
h he treaty of Hopewell seems not to
have established a solid peace. To ac
eonnnadate differences still existing be
tween the'State of Georgia and tlie Ulicr-
nation the ot Iloisiou was negotia
ted in ; ulv 1761. The < x;*t > g Consti
tution ot the United States bad l*en then
adopted and the government having more
intrinsic capacity to enforce its just da rm»
was perhaps less mindful of high soundinu
expression denoting superiority.— We
hear no more of g ring j'eace to the Cher
okees. The mutual desire of establish
ing permanent peace and friendship and
of removing ail causes of war is honestly
avowed, and in pu sue nee of this desire,
the first article declares that there shall
be perpetual pence \ friendship between
all the citizens of tlie United States of A
mCncn mid a 111 he individuals composing
the Cherokee nation.
The second article repeats the impor
tant acknowledgment that tiic Cherokee
nation is under the protection of the United
States of America and of no other sover
eign whatsoever
The meaning o' this has already been
explained" The Indian nations were
from their situation necessarily dependant
on some foreign potentate for the supply
of their essential wants & for their pro
tection from lawless and injurious intru
sions into their country. That power
was naturally termed their protector.
They had been arranged under tlie protec
tion of Great Britain but the extinguish
ment of the British power in their neigh
borhood, and the establishment of that of
the l . Statrs in its place led naturally to
the declaration on the pert of the Chero
kee*. tiiat they were under the protection
of die united states and of no other
Power. 1 hey assumed tbe relation with
tlie no;ted states which had before subsis
ted with Great Britain.
This rel ation was that of a nation claim
ing and receiving the protection of one
more powerful—not th«t of individuals
abandoning their national character, and
submitting as subjects to the laws of a
master.
The third article contains a perfectly
equal stipulation for the surrender of pris
oners.
The 4th article declares, that “ the
boundary between the United States and
the Cherokee nation shall be as follows:
“Beginning,” &c. He hour no more of
“allotments” or of “hunting grounds.”
A boundary is described between nation
and nation, by national consent. The
national character of each, tlie ability of
each, to establish this boundary, is ac
knowledged by the other. To preclude
forever all disputes, it is agreed that it
shall he plainly marked by commissioners,
to he appointed by each party ;- and, in or
der to extinguish forever all claim of the
Cherokees to ti e ceded laud, an addi
tional consideration is to he paid hv tlie
United Statrs. For this additional con
sideration, the Cherokees release all right
to the ceded land forever.
By the sth attielc, the Chemkecs allow
the I . States a toad through the)- coun
try, and the navigation of the Tennessee
river. The acceptance of these cessions
is an acknowledgment of the right of the
Cherokees to nt (lie or withhold them.
By the 6th attic!* 1 it is agreed, on the
part of the C’ erokees, that the United
States shall liav the sole and exclusive
right of regulating their trade. No claim
is made to the “management of all their
affairs.” The stipulation has already
been explained The observation may
he repeated, tint the stipulation is itself
an admission of their right td make or re
fuse it.
Bv the 7tli article, the United States
solemnly guarai ty to the Cherokee nation
a!! flie r lands not hereby ceded.
The Bt!i article relinquishes to the Cher
okees any cif zeu of the United States
who may settle on their lands, and the
ninth forbids any citizen of the U. S. to
hunt on their lands, or to enter their coun
try without n passport.
The remaining articles are equal, and
Contain stipulations which would he made
only with a nation admitted to lie capable
of governing its* If.
This treaty, thus explicitly recognizing
the at.mini character of tie* Ch-rokecs,
and tlieir right of self-gover* merit; thus
guarantying their lands; assuming the du
ty of protection, and of coin's** pledging
tfie faith of i h** United States for that pro
ti etion; Im* 1 * i quei.tlv r* newed, and
is now in full fore**
To the g' *rd t»!** Ig** of [iroieetion
li.li>* Im*i*ii i< i !***l -i *« i .1 simhlic pledges,
!**(*med vnl. *bh ! v th* lid a*>s. Sotn**
‘•f these r* *ir ■ ; '.e < of the U idled
States from encrouei inent.- on ti e (’hero
kee country, nt.d provide for the yanisli
nifiit in intruders.
!i cm the vioi.mer.cenit nt ot ot:r gov
i rMoent, Conp t -i- pas'tii a‘'is to regulate
the trade and ut:< i ettr.-t with tbe Indi
ans, vi liicti treat them as uat .oi.s, respect
their rights, and manifest a firm purpose
to effor t that protection winch treaties
stipulate. All these nets, and especially
that ot lrkt'4, which ts still in forces t.iai -
ifcsiiv consultr the sever.:! Indian natrons
ms distinct political communities, having
territorial boundaries, within which their
authority is exclusive, and having ,i right
to uii the hods within these boundaries,
winch is not only iipk. ovvkdged, hut guar
antied by the U. S.
in Congress passed an act for
promoting those humane designs of civil
izing the neigliboung Indians, which bad
long been cii rislied try the Executive, li
enacts, ‘that, tor the purpose ot provi
daig against the further decline and hind
extinction of the iiidiaii tr.bes adjoining
to the frontier seuLments of the L niteit
Mates, and tor introducing among them
the habits and arts of civilization, the
Pies.dent oi die United Mates sh ill be, .A
lit; is hereby authorized, in every c .».•
where lie shall judge improvement in vh*-
h.il.ita i'd condition of such Indians prac
ticable , and that the means ot ins.ruction
can he introduced, with their own consent,
to employ capable persons of good moral
character, to instruct them m tlie mode ot
agriculture suited to their situation; and
for teaching their children in reading,
writing, and arithmetic: and for perform
ing such other dutxi s as may he enjouu and,
according tosuch instructions and rules s
die President may give and prescribe for
the regulation ol tiii .r conduct, in thetas
charge oftheir duties.”
’i Ins act av owedly contemplates :ht
preservation oi ila* ltaban nations as an
object sought by the United Mates, and
proposes to effect tins object by civilizing
yind converting them from hunters into
agriculturists. Though ttte Cherokees
had already made considerable progress
iti this improvement, it cannot he, doubt
ed that the general vvoidsoi the act com
prehend them. Their advance m the
“habits and arts of civilization*” rather
encouraged perseverai.ee in the laudable
exertions still farther to meliorate their
condition. Tins act furnishes strong ad
ditional evidence oi a settled purpose to
lix the Indians in their country, by giving
them security at home.
ihe treaties and laws of the United
States contemplate tiie Indian territory as
completely separated from that of the
States; and provide that ail intercourse
wiili them shall be carried on exclusively
by the government of the Union.
Is thus the rightful exercise of power,
or is it usurpation?
W hlie these States were colonies, this
power, m ns utmost extent, was admitted
to reside in the crown. W lien our Revo
lutionary struggle commenced. Congress
was composed ot an assemblage of depu
ties, acting under specific powers granted
by the Legislatures, or conventions of the
several colonies. U was a great popular
movement, not perfectly organized, nor
were the respective powers of those who
were entrusted with the management of
affairs accurately defined.—The necessi
ties of’our situation produced a general
conviction that those measures which
concerned all, must he transacted hv a
body in which the r. ’presental vi sos all
were assembled and which could com*
maud the confidence of ail—Congress,
therefore, was considered as invested with
sill the powers of war and peace, and Cor -
gtess dissolved our connexion with the
mother country, and declared.these Uni
ted Colonies to he independent States.
Without >tiv written definition of powers,
they employed diplomatic agents to rep
resent. tin United States nt the several
Courts of Europe; offered to negotiate
treaties with them, nod did actually ne
gotiate treaties with Fiance. From the
same necessity, and on the same princi
ples, Congress assumed the management
of Indian affairs; first in the name of the
United Colonies, and afterwards in the
name of the United States. Enrlv at
tempts were made at negotiation, and to
regulate trade with them.—These not
proving successful, war was carried on
under the direction and with the forces of
the U. Statrs, and the efforts to make
peace by treaty were earnest and inct s
sant. The Confederation found Con
gress in the exercise of the same [lowers
of peace and war, in our relations with In
dian nations, as with those of Europe.
Such was tho state of tilings when the
confederation was adopted. That in
strument surrendered the powers of pence
and war to Congress, and prohibited them
to the Stales, respectively, unless a State
he actually invaded, “or shall have recei
ved certain advice of a resolution being
formed by smne nation of Indians to in
vade such Stale, and the danger is so im
minent as not to admit of delnv till the
United States in Congress assembled can
he consulted.” This instrument also gave
tin United States jn Congress assembled,
the sole and exclusive right o: “regu!atiog
the trade and managing all the affairs
with the Indians, not mende rs of any of
the States: Provided, That the Legisla
tive power of any State within it« own
limits he not infringed or violated'”
The uubi rn: us phrase which follow
the grant of [tower to the United States.
w-*s so construed hv the States of Wr’ -
Carnlitvi and (Jeorg' i. o.< to an l* l '.
pow* r itself. The discontents and c fu
‘ion resulting from these coni! ting
j claim®, produced reorptertnt ops to ( <>>..
| gress, whielt vveie rt*l. i red to a eon m.ttc*,
who made *heir rattori ti 17-7. Th** re
! port does n*»* .-sent t n tin- **<>• s rue! (if
I the two Mates, lint reeomnn '*i!s ae nc
rfMiitttod dim*,by liberal cessions of terri
tory, <»r by an nJmiseino on their 0 ,1; .#
the powers clu.no a by C„„ pr( .
o,lll ' l ' ; lß"rendtT
eti unnecessary by the adoption 01 « lir ~x .
istmg Constitution. That instrument
confers on Congress tlie [om rs„i Wi , r
ami peace; of m aking treaties, and <>f n ...
ulatutg comiiu ree with foreign nat <> ... ‘j.
among the several States, and onh t,„
die* tithes. These powers comprehend
ail that is required te.r tiie rcgi;i.,t;6n ■
our inteicourse with the Indians-, 'i j„
arc not limn, and ! y any restrictions o, ;
their free actions. The shackles imposed
on tins power, :n the Confederation, are
discarded.
The Indian tint m s had always been
cons ii< ret I s iistmcl, independent politic
cal cmi'ii.tin ties, retaining their origin;,{
I. a.tired ngiitr, as the indispnted possess
ors of die so. 1, from t.me iimmmonid
with tiie single exception of that kiijmse t
hv irresistihle power, wii.ch exciuile.]
them from intercourse with any otlierl'u
ropeau jxitantate than the first discover! -
of the coast of the particular region choir
ed: and this was a restriction w hich rlicse
European potentates imposed on their
selves, as well as on the Indians. The
very term “nation,” . 0 generally npphid
o them, means “a People distinct from
oh* rs.” The constitution, ly dt claiiu
tri at'es already made, as wt !1 as tin J,
he made, to be the supreme law of ;.j
land, has adopted and sanctioned the. re
vioes treaties with the Indian natal A .
consequently, admits their r ink m. ong
th si* Powers who are capable of mu, mr
tic'itics. The words “treaty’ mm
tioi ” are words of our own lartgu . . se-
I c 0 o-;r diplomatic and h i;.si.a ■ e
p p nc* • Sings by ours Ives, having > a
liefuiito or.'! well 11 alerstood mo
Wi have applied them to ludi n . 3 wa
h ve applied them to the othei u ; • , s os
t ce, rth. They are applied toal! m ;o«j
s inio sense.
(ieorgio, herself, has furnished ••onclu
sive evidence that her former opinions on
this subject concurred with those enter
tained by In 1 sister States, and by the
*overnir.er.t of the United States. V,.
rious acts of her Legislature have h. in ci*
ted in the argument, includi >g tm* con*
tract of cession mmlemihc v. 1 1 -JJ. all
tending n [ rove her .ic [ii!e:-' .ee . the
universal conviction that tin Imi.a 1 na
tions possessed a full right to the i ids
they occupied, until that right -imi.l I ti'
ex t ingnished hv the U. Slates, wit! iieir
consent; that their territory was ra
ted from that of any State within whoso
chartered limits they might reside, 1 v a
boundary line, established by treaties;
that, within their boundary, they possess
ed rights with which no State could i >ter
fcrc; and that the whole power, regula
ting the intercourse with th. m, was vested
in the U. States. A review of these acts,
on the part of Georgia, would occupy too
much time, ar.eiisthe less ficee-san , lir-
CHiise they hav% been accurately detailed
in the argument at the bar. Her new se
ries of laws, manifesting her abandon
ment of these opinions, appears to hare
commenced in December, IS2S.
In opposition to this original right pos
sessed by the undisputed occupants of ev
ery country, to this recognii.oii oi' that
right, which is evidci cod hv our l> story,
in every change through which ti c have
passed, is placed the charters gran. h?
the monarch nt a distant and dist.net re
gion, parcelling oirt a territory nt posse s*
ion of others whom lie could not ;e
and did not attempt to remove, a ■ he
cession made of his claims by the treaty
of peace.
The actual state of things at the time,
and ail history since, explain these char
ters?} and the King of Great Britain, at
the treaty of peace, could cede only w hat
belonged to Ins crown. These newly as
serted titles can derive no aid from the ar
ticles so often repeated in Indian treaties, ,
extending to them, first, the protection of
Great Britain, and afterwards, that of
the United States. These articles are as
sociated with others, recognizing their ti
tle to self-governim nt.—The very fact of !
repeated treaties with them recognizes it;
and the settled doctrine of the law of na
tions is, that a weaker pow er does not
surrender its independence—its right to
self-government—!>y associating with a
stronger, and taking its protection. A
weak state, in ord< r to provide for its safe
ty, may place itself under the protection
of one more powerful without stripping
itself of the right of government, and cea
sing lo he a State F.xain; !es of this kind
are r.ct wanting m Europe. “Tributary
and feudatory Slates (sevs Yattrl,) do not
thereby cease to he sovereign and inde
pendent States, so long as sell-govern
ment, and sovc reign and independent au
thority is left in the administration o' the
State.” At the present dav, more hau
one State may he eousidt red as hoi l og
its r ght of self-government lied. r the
guarantee and protection o' one or more'
allies.
The Cherokee nation, ti.cn, is a dis
tinct community, occupying its own t rn
torv, with hounHures accural' Iv and» scri
bed; iu whndi the laws of Georgia oao
Imvc no force, mid which the citizens nt
Gem ght lim eno rgl t to eiiti r. hut w/li
the assent of the t 'herokecs themselves,,
or iri conformity will) treaties, and with
the acts of Congress. The w hole inter
course !ietw< en the United States and tics
: •ii'on is. hv our constitution and ! "s,
vested in the Government' of the Untied
States.
The act of the State of Gaorgt.i, under
which t!ie pin!* tiff ,n > rror was prosecu-
ij '•(> isarpieiitlv void, aijil the ’ "g
--•ue • u idl tv. Pan fliis court r v A
cv r* > !(,?
f ' {'tn N*
lation ! i«e'v mlepied by the l«e|fioht ,, irc
of Georgia iu relation to the t'beroUet