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
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