1832 Supreme Court Decision;
"...From the commencement of our government Congress has passed acts to regulate trade and intercourse with the Indians; which treat them as nations, respect their rights, and manifest a firm purpose to afford that protection which treaties stipulate. All these acts, and especially that of 1802, which is still in force, manifestly consider the several Indian nations as distinct political communities, having territorial boundaries, within which their authority is exclusive, and having a right to all the lands within those boundaries, which is not only acknowledged, but guaranteed by the United States. . . .
The Cherokee Nation, then, is a distinct
community, occupying its own territory, with boundaries accurately described,
in which the laws of Georgia can have no force, and which the citizens of
Georgia have no right to enter but with the assent of the Cherokees themselves
or in conformity with treaties and with the acts of Congress. The whole
intercourse between the
The act of the State of
They interfere forcibly with the relations
established between the
They are in direct hostility with treaties, repeated in a succession of years, which mark out the boundary that separates the Cherokee country from Georgia; guarantee to them all the land within their boundary; solemnly pledge the faith of the United States to restrain their citizens from trespassing on it; and recognize the pre-existing power of the nation to govern itself.
They are in equal hostility with the acts of Congress for regulating this intercourse, and giving effect to the treaties.
The forcible seizure and abduction of the
plaintiff, who was residing in the nation with its permission, and by authority
of the President of the
Marshall, C. J. "