Do not do the boring stand up and talk presentation. Jackson, Georgia and the Cherokees

Transcription

1 Jackson, Georgia and the Cherokees Read through the synopsis of Georgia and the Cherokees and all the primary source documents. As a group you have thirty minutes to analyze the material and present this story to your classmates while paying attention to some of the questions below. Please do not limit yourselves to just those questions as they are meant to get you started. Remember your classmates will not have the documents so you must be clear in addressing each of them in your presentation. You will have no more than five to six minutes to present your in-depth findings. Some questions to ponder: What were the achievements of the Cherokees? Why were there conflicting claims by both Georgia and the Cherokees for the land? How did Georgia justify their land grab? A suggestion on presenting the material: You may want to present your findings in an argument before Marshall s court as in the case of Worcester v. Georgia You might be holding a debate before Congress You might want to do an individual speech to your colleagues either supporting the U.S. or the Cherokees Do not do the boring stand up and talk presentation.

2 Georgia, Alabama, Tennessee, and South Carolina as their hunting grounds. It was their misfortune to more land, accepting the protection of the U.S. government in exchange. Thereafter, some Cherokees, farm their remaining lands. In 1817, and again in 1819, the Cherokees ceded large tracts of land to who preferred the nomadic life of hunters, moved west of the Mississippi, while the rest settled down to surrender their claims to South Carolina. By a series of treaties, between 1785 and 1793 they gave up yet ally themselves with the British during the Revolution. Defeated in 1777, the Cherokees were forced to At the time of the American Revolution, the Cherokee claimed the greater part of what is now The Cherokees choice parcels going to the lucky winners. Cherokees s rights. The laws annexed large tracts of Cherokee territory to various Georgia counties; court; provided severe punishment to all who advised Native Americans not to sell their land or not to Cherokee to obey the laws of Georgia; prohibited Native Americans from testifying against whites in Meanwhile, the Georgia legislature made preparations for a state-wide lottery of Cherokee land, with leave the state; and required all whites living on Cherokee territory to obtain an official permit. authority over the Native Americans living inside the state. Each of these sharply infringed upon the outlawed meetings of the Cherokee legislature, declaring all of its acts null and void; required the In late 1828 and early 1829, the Georgia legislature passed a series of laws designed to assert its government had a conflicting obligation with the state of Georgia, an obligation to extinguish Indian titles authority over the Native Americans. With Georgia hostile to them, the Cherokees depended on the U.S. government to extend the protection it had promised in previous treaties. in that state. Georgians wanted the lands occupied by the Cherokees and were eager to assert their state s the lands guaranteed them by the U.S. government. They were fully aware that, in 1812, this same The Cherokees had adopted American customs in the hope that they would be permitted to live on Georgia Responds owned extensive fields, cultivated by Negro slave labor. Others raised cattle, pigs, or sheep, and many bred horses. The Cherokee farms were generally neat and well cared for. The nation of some 14,000 people could boast 18 schools, generally supported by missionaries, 31 gristmffls for grinding corn and Cherokees lived in fine, two story houses and lacked none of the comforts available in those days. Some wheat, 8 cotton gins, numerous roads, and a capital with public buildings supported by taxes raised Cherokee and was written in an alphabet invented by a Cherokee named Sequoia. within the nation, It even had a newspaper, The Cherokee Phoenix. The paper was edited by a full blooded The Cherokees also succeeded in adopting other aspects of American civilization. Well-to-do without prior approval of the legislature. Two years later, duly elected representatives drew up a written sell, lease, or mortgage his property, and no lands could be ceded to either Georgia or the United States legislative body. The legislature could make laws for the Cherokees and an elected president was given government structure. They formed a national council to act as a legislature and later added another Meanwhile, under the enlightened leadership of Chief John Ross, the Cherokees evolved a new legislature ruled that all tribal lands, including private farms within Cherokee boundaries, belonged to constitution recognized the principle of the separation of powers, provided a definition of citizenship, and included a Bill of Rights. the power to enforce them. The Cherokee territory was then divided into eight districts, each with a regional council. Judges were given jurisdiction to settle disputes according to Cherokee law. In 1825, this Constitution. Modeled after the United States Constitution, the Cherokee version provided for a president the Cherokee nation as a whole and not to the individuals living on them. No Indian was permitted to with a four year term, two houses of Congress, and a Supreme as well as inferior courts. The Cherokee limits of their territory. 36 the soil of their own territory, and they cannot recognize the sovereignty of any state within the The Cherokees are not foreigners, but the original inhabitants ofamerica, and they now stand on land would soon end their tribal existence. Consequently, they determined never again to cede one more lands within its borders. After the 1819 treaty, thoughtful Cherokees realized that continued cession of Georgia. The United States government had promised Georgia that it eventually could control the Indian foot of our land, and promptly sent a delegation to tell President Monroe that: Georgia and the Cherokees

3 the Indians rights might be summed up in a statement widely attributed to him, John Marshall has the limits of the state, they would be subject to its laws. Native Americans who stay would be protected they have seen them from the mountain or passed them in the chase. States, which ought to be annulled. Assuming the decision meant government protection, the Cherokees rejoiced. But Georgia waited for nearly a year before freeing Worcester and defiantly threatened to use force if in the last resort it needed defenders. There was, however, little cause for assuming a civil war state or four years at hard labor. All but two left. Of the remaining, Samuel Worcester appealed his case to the Supreme Court. In a ringing decision, Chief Justice John Marshall ruled that the accused had been only in the enjoyment of those possessions which they have improved by their industry. But claims to Excerpts from their statements are reprinted below: Before the Georgia law took effect, an even more important drama was being played out in the Jackson s proposal aroused a storm of criticism and excited heated debate. Few spoke as The Indian removal bill passed Congress by narrow margins in both houses, and signaled an The treaty was signed in 1835, and despite opposition by friends of the Native Americans in the cattle, forced into stockades, and then marched during a bitterly cold winter to their new lands in relocate, perpetual exiles in the land of their fathers. Mississippi to be guaranteed to the Indian tribes. The proposed emigration, the President promised, in jail. Eleven whites working with the Cherokees were arrested and given a choice between leaving the Native Americans caught violating these laws were captured, severely beaten, and Iett to languisfl prosecuted under a statute repugnant to the Constitution as well as the laws and treaties of the United would be fought to protect the Native Americans claims. President Jackson s attitude toward protecting rendered his decision; now let him enforce it. Boudinots followers, representing only a fraction of the Cherokee people. $20,000,000, government agents refused to deal with him. Instead, they bought the property from Elias Boudinot, were not put into the lottery and the government chose to deal with this group. Even increase in the pressure on the Native Americans to sell their property and leave the state. Meanwhile, the Georgia lottery was held as planned. Chief Ross and many of his followers were forced to surrender their Epilogue: The Trail of Tears should be voluntary, but the Native Americans should be distinctly informed that if they remain within land on which they have neither dwelt nor made improvements, will not be recognized merely because convincingly on either side of the argument as President Jackson and the Native Americans themselves. when Chief Ross later realized that his people had to move and offered to sell the Cherokee land for homes to the lucky winners. The lands of one group of Native Americans, headed by the Phoenix editor, North, it was ratified by the Senate. It paid the Native Americans $5,000,000 for their land and gave them three years in which to leave. Some willingly left early; the majority, however, were rounded up like Oklahoma. An army private, who observed the heart-rendering scene, left the following description: Americans who made the journey to Oklahoma, died en route. Some fifty years later, when Oklahoma was opened to settlement, the scene was once again played out. The Cherokees were once more forced to According to the best available information, on the Trail of Tears, 4,000 of the 15,000 Native The Trail of Tears bye to their mountain homes. 4 children waved their little hands good wagons started rolling many of the west. into wagons and started toward the I saw them loaded like cattle or sheep drizzling rain on an October morning stockades. And in the chill of a when the bugle sounded and the arrested and dragged from their homes, and driven by bayonet into the I saw the helpless Cherokees ChiefRoss led in prayer and 37 Nations capital. Jackson had urged Congress to pass a law setting part of an ample district West of the

4 The consequences of a speedy removal will be states, and to the Indians themselves. It puts an on account of the Indians. It will place a dense important to the United States, to individual Jackson end to all possible danger of collision between the authorities of the General and State Governments have a perfect and original right to remain with suance of treaties, guaranty our residence and our privileges, and secure us against intruders. Our us, and laws of the United States, made in pur out interruption or molestation. The treaties with We wish to remain on the land of our fathers. We choose. 38 Indian title to all lands which Congress them Indians may leave the State or not, as they selves have included within their limits. The new States to extinguish as soon as possible the It is a duty which this Government owes to the stronger attachment to his home than the settled and civilized Christian? Is it more afflicting for our brothers and children? him to leave the graves of his fathers than it is to Is it supposed that the wandering savage has a him a year. to pay the expense of his removal, and support Can it be cruel in this government, when by events which it cannot control, the Indian is made lands, to give him a new and extensive territory, discontented in his ancient home to purchase his To better their condition in an unknown land our Doubtless it will be painful to leave the graves of their fathers; but what do they more than our ancestors did or than our children are now doing? forefathers left all that was dear in earthly objects? fified with all the blessings of liberty, civilization, can devise or industry execute, occupied by more studded with cities, towns, and prosperous farms, condition in which it was found by our aborigines of this country [but] philanthropy could not wish to see this continent restored to the forefathers. What good man would prefer a embellished with all the improvements which art Humanity has often wept over the fate of the thousand savages to our extensive republic, country covered with forest and ranged by a few than 12 million happy people happy people and and religion the Indians from immediate contact with set enough to repel future invasion. It will separate frontier and render the adjacent States strong tlements of whites; free them from the power of institutions. the States; enable them to pursue happiness in their own way and under their own rude [I]t wifi incalculably strengthen the southwestern now occupied by a few savage hunters. and civilized population in large tracts of country The Indian Removal Bill wish to die. 39 beloved men we wish to live with our wanted affection, to the land which gave man of his territory us birth. has been assigned. They would regard us as greater part of that region is badly supplied with possessors of that region are now wandering savages lurking for prey in the neighborhood. preoccupied by various Indian nations, to which it intruders, and look upon us with an evil eye. The wood and water; and no Indian tribe can live as agriculturists without these articles. The original emigrants.... Were... We we earth, who will finally award us justice, and to the invaders of no mans rights we on this soil we On the soil which contains the ashes of our have usurped no man s authority, nor have we deprived any one of his land by leaving it forever? good sense of the American people whether we are intruders upon the land of others.our consciences bear us witness that we are the have robbed no rectly confess the rights of another people to our inalienable privileges. How then shall we indi appeal to the judge of all the No. We are still firm. We intend still to cling, and our beautiful forests? perfect peace for the last forty years, and for Christian people, with whom we have lived in whom we have willingly bled in war, to bid a fi Shall we be compelled by a civilized and nal adieu to our homes, our farms, our streams childhood, nor the graves of our fathers. urged much better than it is represented to be. the inviting parts of it, as we believe, are They have always been at war, and would be easily tempted to turn their arms against peaceful this country to which we are of the Arkansas territory is unkrown to us. All affections. It contains neither the scenes of our see nothing but ruin before us. This country west still it is not the land of our birth, nor of our But if we are compelled to leave our country, we and these laws executed. only request is, that these treaties may be fuifiled, Cherokees

5 to civilize and settle them, we have at the same time lost no opportunity to purchase hope of gradually reclaiming them from a wandering life. This policy has, however. been coupled with another wholly incompatible with its success. Professing a desire the policy of government to introduce among them the arts of civilization, in the of our states have become objects of much interest and importance. It has long been The condition and ulterior destiny of the indian tribes within the limits of some of the states they must be subject to their laws. tant land. But they should be distinctly informed that if they remain within the limits pel the aborigines to abandon the graves of their fathers and seek a home in a dis [ his emigration should be voluntary, for it would be as cruel as unjust to com promoting union and harmony among them, to raise up an interesting common government. limits of an state or territory now formed, to be guaranteed to the Indian tribes as of setting apart an ample district west of the Mississippi, and without loutsidel the As a means of effecting this end. I suggest for your consideration the propnetv river to river and from mountain to mountain, until some of the tribes have become ful appeal to our sympathies. Our ancestors found them the uncontrolled possessors of the states does not admit of a doubt. Humanity and national honor demand that Their present condition, contrasted with what they once were, makes a most power extinct and others have left but remnants to preserve for awhile their once terrible names. Surrounded 1w the whites with their arts of civilization, which. by destroying kee. and the Creek. That this fate surely awaits them if they remain within the limits Our conduct toward these people is deeply interesting to our national character. different to their fate. There the benevolent may endeavor to teach them the arts of civilizati n, and. by max be necessary to preserve peace on the frontier and between the several tribes. of their own choice, subject to no other control from the I Tnited States than such as designated for its use. There they may be secured in the enjoyment of governments only been kept in a wandering state. but been led to look upon us as unjust and in every effort should be macic to avert so great a calamit. long as they shall occupy it, each tribe having a distinct control over the portion their lands and thmst them farther into the wilderness. fly this means they have not of these vast regions. By persuasion and force they have been made to retire from the resources of the savage, doom him to weakness and decay, the fate of the Mo hegan. the Narragansett, and the i)elaware is fast overtaking the Choctaw, the Chero wealth. destined to perpetuate the race and to attest the humanity and justice of this I. Jackson Endorses the Indian Removal (/829)

6 inent, fully and clearly sustain the claims o the Indians to all their political and civil original tenants of the soil, they hold a title beyond and superior to the British Crown and her colonies, and to all adverse pretensions of our Confederation and tinent, so far as we know, before Great Britain herself had a political existence. subsequent Union. God, in his Providence, planted these tribes on this western con rights, as by them asserted. And here [ insist that, by immemorial possession, as the I flow proceed to the discussion ot those principles which, in my humble judg if A Indian territory; and they denominate these abstractions the law of nations, and in we find its authority to depend either upon the conventions or common consent of needs it for agriculture? I am aware that some writers have, by a system of artificial reasoning, endeavored to justify, or rather excuse, the encroachments made upon nations. And when, permit me to inquire, were the Indian tribes ever consulted on the establishment of such a law?... the native tenants of the soil, by presents and profession propitiated their good will The Indian yielded a slow hut substantial confidence; granted to the colonists the hand of his bounty wider and wider. groves of your fathers, these firesides and hunting grounds are ours by the right of of the skin? Is it one of the prerogatives of the white man that he may disregard the world; freedom s hope and her consolation we, about to turn traitors to our prin..in abiding place; and suffered them to grow up to man s estate beside him. He rope exercising all the rights and enjoying the privileges of free and independent Our ancestors found these people, far removed from the commotions of Eu. sovereigns of this new world... The white men, the authors of all their wrongs, a being then a feeble colony and at the mercy of never raised the claim of elder title; as the white man s wants increased, he opened the last remains of his patrimony, barely adequate to his wants, and turns upon him dictates of moral principles when an Indian shall be concerned? No, sir. and says Awav we cannot endure you so near us These forests and rners these invaded no fireside, excited no fears, disturbed no substantial interest whatever the very rights and privileges that our Indian neighbors now implore us to protect ciples and our fame, about to become the oppressors of the feeble and to cast away the west of the Mississippi is demanded by the dictates of humanity. This is a word they despise. and whose state pride is enlisted in rounding off their territories. The end, however, is to justth the means. The removal of the Indian tribes to awakened in the American colonies a spirit of firm resistance. And how was the tea his outraged feelings strike out for his career?... Sir,... the contending parties were to exchange positions; place the white swer, and I fear not the result... Sir,... I ask who is the injured and who is the aggressor? Let conscience an By and by conditions are changed. His people melt away; his lands are con proached them as friends.. power and the force of numbers. mentous interest. We, whom God has exalted to the very summit of prosperity and to preserve to them. whose brief career forms the brightest page in history; the wonder and praise of the our birthright! Sir, I hope for better things... Sir, this thought invests the suhect under debate with most singular and mo tax met, sir? just as it should he... few pence of duty on tea that. and,. Do. We successfully and triumphantly contended for joying that which is my own? If I use it for hunting, may another take it because he this ready way the question is despatched. Sir, as we trace the sources of this law, stantly coveted; millions after millions [of acresi are ceded. The Indian bears it all meekly. He complains, indeed, as well he may, but suffers on. And now he finds that this neighbor, whom his kindness had nourished, has spread an adverse title over the obligations of justice change with the color man where the Indian stands: load him with all these wrongs; and what path would They who covet the Indian lands who wish to rid themselves of a neighbor that tles and its present claims deserve to he rigidly questioned Who urges this plea? of conciliating import. But it often makes its way to the heart under very doubtful ti In the light of natural law, can a reason for a distinction exist in the mode of en 2. Theodore Frelinghuysen Champions Justice (I 830)

7 1. John C. Calhoun Outlines the War Department s Indian Policy, 1825 non, affording, at once, the means of moral, religious, and intellectual improvement. These schools have been established, for the most part, by religious societies, with the countenance and aidof the Governmenq and, on every principle of humanity the continuance of sim ilar advantages of education ought to be extended to theni in their new residence. There is another point which appears to be indispensable to be guarded, in order to render the condition of this race less afflict- ing. One of the greatest evils to which they are subject is that incessant pressure of our population, which forces them from seat to seat, without allowing time for that moral and intellectual improvement, fat which they appear to be naturally eminently suscepti. ble. To guard against this evil, so fatal to the race, there ought to be the strongest arid the most solemn assurance that the country given them should be theirs, as a permanent home for themselves and their posterity; without being disturbed by the encroach.. menta of our citizens. To such assurance, if there should be added a system, by which the Government, without destroying their independence, would gradu ally unite the several tribes under a simple but en lightened system of government and laws formed on the principles of our own, and to which, as their own people would partake in it, they would, under the influence of the contemplated improvement, at no dis tant day, become prepared, the arrangements which have been proposed would prove to the Indians and their posterity a permanent blessing. Of the four southern tribes, two of them (the Cherokees and Choctaws) have already allotted to them a tract of country west of the Mississippi. That which has been allotted to the latter is believed to be sufficiently ample for the whole nation, should they emigrate; and if an arrangement, which is believed not to be impracticable, could be made between them and the Chickasaws, who are their neighbors, and of similar habits and dispositions, it would be sufficient for the accommodation of both. A sufficient country should be reserved to the west of the Cherokees on the Arkansas, as a means of exchange with those who remain on the east. To the Creeks might be allotted a country between the Arkansas and the Canadian tivei; which limits the northern boundary of the Choctaw possessions in that quartet There is now pending with the Creeks a negotiation, under the appropriation of the last session, with a prospect that the portion of that nation which resides within the limits of Georgia may be induced, with the consent of the nation, to cede the country which they now occupy for a portion of the one which it is proposed to allot for the Creek nation on the west of the Mississippi. Should the treaty prove successful, its stipulations will provide for the means of carrying it into effect, which will render any additional provision, at present, unnecessary... Almost all of the tribes proposed to be affected by the arrangement are more or less advanced in the arts of civilized life, and there is scarcely one of them which has not the establishments of schools in the na-

8 We are aware, that some persons suppose it will be We wish to remain on the land of our fathers. be found, who has not an opinion on the subject, and ing states, there is probably not an adult person in the will be improved; hut only because we cannot endure if the people were to understand distinctly, that they otherwise. Thinking that it would be fatal to their in nation, who would think it best to remove; though our judgment was satisfied, not because our condition justice. It is incredible that Georgia should ever have possibly a few might emigrate individually. There are sufferings, rather than be sentenced to spend six years willing to remove; and if we could be brought to this tive land, exposed to numberless vexations, and ex in a Georgia prison for advising one of their neigh We think otherwise. Our people universally think for our advantage to remove beyond the Mississippi. could be protected against the laws of the neighbor doubtless many, who would flee to an unknown country, however beset with dangers, privations and who could not think of living as outlaws in their na bors not to betray his country. And there are others cluded from being parties or witnesses in a court of enacted the oppressive laws to which reference is here made, unless she had supposed that something ex tremely terrific in its character was necessary in order extremity, it would he not by argument, not because to be deprived of OUr national and individual rights laws executed. quest is, that these treaties may be fulfilled, and these us, and laws of the United States made in pursuance leges, and secure us against intruders. Our only re out interruption or molestation. The treaties with We have a perfect and original right to remain with to make the Cherokees willing to remove. We are not and subjected to a process of intolerable oppression. of treaties, guarantee our residence and our privi The removal of families to a new country, even under the most favorable auspices, and when the spir 2. The Cherokees Resist Removal, 1830 This question was distinctly before their minds when they signed their memorial. Not an adult person can tended with much depression of mind and sinking of of decided preference, and when the persons con heart. This is the case, when the removal is a matter cerned are in early youth or vigorous manhood. Judge, then, what must he the circumstances of a re vexations and persecutions, brought upon them in the communities to form with each other; and that, if they of all classes and every description, from the infant to moval, when a whole community, embracing persons the man of extreme old age, the sick, the blind, the are compelled to remove by odious and intolerable forms of law, when all will agree only in this, that they of the most solemn compacts, which it is possible for should make themselves comfortable in their new res the victims of a future legalized robbery! the feeling of the whole Cherokee people, if they are forcibly compelled, by the laws of Georgia, to re ment, or avoid sinking into utter despondency? We driven into exile. boasted of our knowledge, or our moral or intellec tual elevation. But there is not a man within our lim nor is there a man so degraded as not to feel a keen immemorial privileges, and that this right has been acknowledged and guaranteed by the United States; its so ignorant as not to know that he has a right to live on the land of his fathers, in the possession of his ple. We certainly are not rich; nor have we ever idence, they have nothing to expect hereafter but to be move; and with these feelings, how is it possible that have been called a poor, ignorant, and degraded peo well as the prudent, the considerate, the industrious, Such we deem, and are absolutely certain, will be we should pursue our present course of improve ial to congress, deprecating the necessity of a removal. lame, the improvident, the reckless, the desperate, as have been cruelly robbed of their country, an violation sense of injury, on being deprived of this right and its are sustained by pleasing visions of the future, is atterests, they have almost to a man sent their memor

9 3. Andrew Jackson s to Congress, 1830 Second Annual Message It gives me pleasure to announce to Congress that the benevolent policy o the Government, steadily pur sued for nearly thirty years, in relation to the removal of the Indians beyond the white settlements is ap proaching... a happy consummation. Two impor tant tribes, [the Choctaws and the Chickasawsi, have accepted the provision made for their removal at the last session of Congress, and it [isj believed that their example will induce the remaining tribes also to seek the same obvious advantages. The consequences of a speedy removal will be important to the United States, to individual States, and to the Indians themselves. The pecuniary advan tages which it promises to the Government are the least of its recommendations. It puts an end to all possible danger of collision between the authorities of the General and State Governments on account of the Indians. It will place a dense and civilized popu lation in large tracts of country now occupied by a few savage hunters. By opening the whole territory between Tennessee on the north and Louisiana on the south to the settlement of the whites it will incal culably strengthen the southwestern frontier and ren der the adjacent States strong enough to repel future invasions without remote aid. It will relieve the whole State of Mississippi and the western part of Alabama of Indian occupancy, and enable those States to advance rapidly in population, wealth, and powet It will separate the Indians from immediate contact with settlements of whites; free them from the power of the States; enable them to pursue hap piness in their own way and under their own rude in stitutions, will retard the progress of decay, which is Lessening their numbers, and perhaps cause them gradually, under the protection of the Government and through the influence of good counsels, to cast off their savage habits and become an interesting, civilized, and Christian community... It is... a duty which this Government owes to the new States to extinguish as soon as possible the Indian title to all lands which Congress themselves have included within their limits. When this is done the duties of the General Government in relation to the States and the Indians within their limits are at an end. The Indians may leave the State or not, as they choose. The purchase of their lands does not alter in the least their personal relations with the State gov ernment. No act of the General Government has ever been deemed necessary to give the States jurisdiction over the persons of the Indians. That they possess by virtue of their sovereign power within their own lixn its in as full a manner before as after the purchase of the Indian lands; nor can this Government add to or diminish it. 5. The Supreme Court s Assertion of National Sovereignty, 1832 WORCESTER v. GEORGIA, 1832 The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights, as the undisputed pos sessors of the soil, from time immemorial, with the single exception of that imposed by irresistible power, which excluded them from intercourse with any other European potentate than the first discoverer of the coast of the particular region claimed; and this was a restriction which those European potentates imposed on themselves, as well as on the Indians. The very term nation, so generally applied to them, means a people distinct from others. The Constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and consequently admits their rank among those powers who are capable of making treaties. The words treaty and nation are words of our own language, selected in our diplomatic and legislative proceedings, by ourselves, having each a definite and well understood meaning. We have applied them to Indians, as we have applied them to the other nations of the earth... The settled doctrine of the law of nations is, that a weaker power does not surrender its indepen dence 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 it self under the protection of one more powerful, with out stripping itself of the right of government, and ceasing to be a state. Examples of this kind are not wanting in Europe... The Cherokee nation, then, is a distinct commu nity, occupying its own territory, with boundaries ac curately described, in which 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.