The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))Royce, Charles C.
History
The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))
Royce, Charles C.
Cherokee Indians -- Government relations; Cherokee Indians -- Treaties
Georgia herself had furnished conclusive evidence that her former
opinions on the subject of the Indians concurred with those entertained
by her sister States and by the Government of the United States.
Various acts of her legislature had been cited in the argument of the
case, including the contract of cession made in 1802, all tending to
prove her acquiescence in the universal conviction that the Cherokee
Nation possessed a full right to the lands they occupied, until that
right should be extinguished by the United States with their consent;
that their territory was separated from that of any State within whose
chartered limits they might reside, by a boundary line established by
treaties; that within their boundary they possessed rights with which
no State could interfere, and that the whole power of regulating the
intercourse with them was vested in the United States. The legislation
of Georgia on this subject was therefore unconstitutional and void.[372]
_Georgia refuses to submit to the decision of the Supreme
Court._--Georgia refused to submit to the decision and alleged that the
court possessed no right to pronounce it, she being by the Constitution
of the United States a sovereign and independent State, and no new
State could be formed within her limits without her consent.
_President Jackson's dilemma._--The President was thus placed between
two fires, Georgia demanding the force of his authority to protect
her constitutional rights by refusing to enforce the decision of the
court, and the Cherokees demanding the maintenance of their rights as
guaranteed them under the treaty of 1791 and sustained by the decision
of the Supreme Court.
It was manifest the request of both could not be complied with. If
he assented to the desire of the Cherokees a civil war was likely to
ensue with the State of Georgia. If he did not enforce the decision and
protect the Cherokees, the faith of the nation would be violated.[373]
In this dilemma a treaty was looked upon as the only alternative, by
which the Cherokees should relinquish to the United States all their
interest in lands east of the Mississippi and remove to the west of
that river, and more earnest, urgent, and persistent pressure than
before was applied from this time forward to compel their acquiescence
in such a scheme.
DISPUTED BOUNDARIES BETWEEN CHEROKEES AND CREEKS.
Public-domain text, read in full here on John Shaqi.
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