The Case of the Cherokee Nation Against the State of Georgia: Argued and Determined at the Supreme Court of the United States, January Term, 1831 : with an Appendix ...

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John Grigg, 1831 - 286 páginas

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Página 194 - an act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers...
Página 141 - They may more correctly perhaps be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.
Página 157 - For the prevention of crimes and injuries the laws to be adopted or made shall have force in all parts of the district and for the execution of process criminal and civil, the governor shall make proper divisions thereof, and he shall proceed from time to time as circumstances may require to lay out the parts of the District in which the indian titles shall have been extinguished into counties and townships subject however to such alterations...
Página 27 - Regulating the trade and managing all affairs with the Indians, not members of any of the States ; provided that the legislative right of any State within its own limits be not infringed or violated...
Página 61 - The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States : Fixing the standard of weights and measures throughout the United States : Regulating the trade and managing all affairs with the Indians...
Página 104 - While the different nations of Europe respected the right of the natives, as occupants, they asserted the ultimate dominion to be in themselves ; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in possession of the natives. These grants have been understood by all to convey a title to the grantees, subject only to the Indian right of occupancy.
Página 191 - This clause enables the judicial department to receive jurisdiction to the full extent of the constitution, laws, and treaties of the United States, when any question respecting them shall assume such a form, that the judicial power is capable of acting on it.
Página 59 - For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.
Página 226 - A final judgment or decree in any suit in the highest court of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity...
Página 171 - This principle was that discovery gave title to the government by whose subjects or by whose authority it was made against all other European governments, which title might be consummated by possession.

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