Judgement in Cherokee Nation v. Georgia

In 1828, the state of Georgia passed a series of acts taking away rights of Cherokees residing within the state, including Cherokee removal from land that the state wanted. The Cherokee asserted that Georgia did not have the jurisdiction or authority to do these things, since the Cherokee Nation was sovereign and protected under a treaty with the United States.

The Cherokee first tried to negotiate a resolution with President Andrew Jackson; but the negotiations fell apart quickly.

Under the leadership of principal chief John Ross, the Cherokee Nation sought an injunction — or order to stop what the State of Georgia was doing — from the U.S. Supreme Court.

This is the judgment denying the Cherokee Nation an injunction against Georgia laws, and dismissing their bill of complaints. The Supreme Court said they lacked jurisdiction to hear the case, and that an “Indian Nation” is not a “Foreign Nation” for jurisdiction under the Constitution, but instead a “domestic dependent nation.”

The case was dismissed, leaving the Cherokee at the mercy of the laws of the state of Georgia. The issue of "tribal sovereignty" would come up again in Worcester v. Georgia in 1832.

This document was digitized by teachers in our Primarily Teaching 2016 summer workshop in Washington, D.C.

Transcript

Supreme Court of the United States of January Term 1831.

The Cherokee Nation

~ vs ~ [illegible]

The State of Georgia

Bill in Equity filed Jan: 22nd 1831. On consideration of the Bill of the complainants and the motion made in this court on a prior day of this term, towit; On Saturday the 5th day of March 1831 by M. Sergeant of counsel for the Complainant for writs of subpoena and injunction as payed for in the Bill of the Complainants which was on said day read in open Court; and of the arguments of Mis. Sergeant and Writ counsel for the complainants thereon had a subsequent and ensuing day of the same term; It is now here ordered adjudged and decreed by the this Court that the motion for the Injunction in this cause be and the same is hereby denied and overruled and that the Bill of the Complainants be and the same is hereby dismissed. -- March 18th.

1831. William Thomas Carroll clerk of the Supreme Court of the United States do hereby certify that the above is a true copy of the order and decree of said Supreme Court made in the above entitled cause at January Term 1831.  Extracted from the minutes of said Supreme Court.

In Testimony whereof I hereto subscribe my name and affix the seal of said Supreme Court at the City of Washington this day of [large space] in the year of our lord 1831.

William Thomas Carrol [Signature]

Clerk of the Supreme Court of the United States.