FREE BOOKS

Author's List




PREV.   NEXT  
|<   30   31   32   33   34   35   36   37   38   39   40   >>  
of every country, to this recognition of that right, which is evidenced by our history in every change through which we have passed, is placed the charters granted by the monarch of a distant and distinct region, parcelling out a territory in possession of others, whom he could not remove, and did not attempt to remove, and the cession made of his claims, by the treaty of peace. The actual state of things at the time, and all history since, explain these charters; and the King of Great Britain, at the treaty of peace, could cede only what belonged to his crown. These newly asserted titles can derive no aid from the articles 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 associated with others, recognizing their title to self government. The very fact of repeated treaties with them recognizes it; and the settled doctrine of the law of nations is, that the weaker power does not surrender its independence--its right to self government--by associating with a stronger, and taking its protection. A weak State, in order to provide for its safety, may place itself under the protection of one more powerful, without stripping itself of the right of government, and ceasing to be a State. Examples of this kind are not wanting in Europe. "Tributary and feudatory States," says Vattel, "do not thereby cease to be sovereign and independent States, so long as self government and sovereign and independent authority is left in the administration of the State." At the present day, more than one State may be considered as holding its right of self government under the guarantee and protection of one or more allies. 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 United States and this nation, is, by our constitution and laws, vested in the Government of the United States. The act of the State of Georgia, under which the plaintiff in error was prosecuted, is consequently void, and the judgment a nullity. Can this Court revise and reverse it? If the objection to the system of legislation, lately adopted by th
PREV.   NEXT  
|<   30   31   32   33   34   35   36   37   38   39   40   >>  



Top keywords:

government

 

States

 

protection

 

United

 

Georgia

 
treaties
 

treaty

 

Britain

 

territory

 

repeated


charters
 

distinct

 

independent

 

articles

 

sovereign

 

nation

 

history

 
remove
 

Cherokee

 

allies


holding

 

guarantee

 

feudatory

 

Vattel

 

Tributary

 

Europe

 
Examples
 
wanting
 

present

 
administration

authority

 

considered

 

judgment

 
nullity
 

prosecuted

 

plaintiff

 

legislation

 

adopted

 
system
 

objection


revise

 

reverse

 

Government

 

vested

 

citizens

 

accurately

 
boundaries
 
community
 

occupying

 

ceasing