In June 1830, a delegation of Cherokee led by Chief John Ross, selected (at the urging of Senators Daniel Webster and Theodore Frelinghuysen), William Wirt, attorney general in the Monroe and Adams administrations, to defend Cherokee rights before the U.S. Supreme Court. The Cherokee Nation asked for an injunction, claiming that Georgias state legislation had created laws that go directly to annihilate the Cherokees as a political society. In court the Cherokee Nation wasn’t quite sure how the state of Georgia should treat them. They weren’t sure if their nation was either sovereign or a tribe. Georgia pushed hard to bring evidence that the Cherokee Nation couldn’t sue as a “foreign” nation due to the fact that they did not have a constitution or a strong central government. Wirt argued that the Cherokee Nation [was] a foreign nation in the sense of our constitution and law and was not subject to Georgias jurisdiction. Wirt asked the Supreme Court to void all Georgia laws extended over Cherokee lands on the grounds that they violated the U.S. Constitution, United States-Cherokee treaties, and United States intercourse laws. The Court did hear the case but declined to rule on the merits. The Court determined that the framers of the Constitution did not really consider the Indian Tribes as foreign nations but more as domestic dependent nation[s] and consequently the Cherokee Nation lacked the standing to sue as a foreign nation. Chief Justice Marshall said; The court has bestowed its best attention on this question, and, after mature deliberation, the majority is of the opinion that an Indian tribe or nation within the United States is not a foreign state in the sense of the constitution, and cannot maintain an action in the courts of the United States. [Cherokee Nation v. State of Georgia, 30 U.S. 1 (1831)] The Court held open the possibility that it yet might rule in favor of the Cherokee in a proper case with proper parties
Posted on: Tue, 03 Dec 2013 13:08:36 +0000
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