Best 1831 newspaper w CHEROKEE INDIAN REMOVAL decision by THE US Supreme Court

Description: 1831 newspaper with the famous US Supreme Court decision in the GEORGIA vs CHEROKEE INDIAN NATION case , THE CASE on INDIAN REMOVAL by the US Federal Government - inv # 2P-311 Please visit our EBAY STORE for THOUSANDS of HISTORICAL NEWSPAPERS on sale or at auction. SEE PHOTO----- COMPLETE, ORIGINAL NEWSPAPER, the Torchlight and Public Advertiser (Hagerstown, MD) dated March 24, 1831. This newspaper contains an inside page headline: "GEORGIA and the CHEROKEES" with a 1/2 column report on the landmark Supreme Court landmark decision in the case of "Cherokee Nation v Georgia". This case was the basis used for the "Trail of Tears" forced migration of the Cherokee Indians being sent west by the state of Georgia. This US Supreme Court decision marks the beginning of the "Trail of Tears" forced migration of Native American Indians west of the Mississippi River. Cherokee Nation v. Georgia, (1831) was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving them of rights within its boundaries, but the Supreme Court did not hear the case on its merits. It ruled that it had no original jurisdiction in the matter, as the Cherokees were a dependent nation, with a relationship to the United States like that of a "ward to its guardian," as said by Justice Marshall. In June 1830, a delegation of Cherokee led by Chief John Ross (selected at the urging of Senators Daniel Webster and Theodore Frelinghuysen) and William Wirt, attorney general in the Monroe and Adams administrations, were selected to defend Cherokee rights before the U.S. Supreme Court. The Cherokee Nation asked for an injunction, claiming that Georgia's state legislation had created laws that "go directly to annihilate the Cherokees as a political society." 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 Georgia's 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." The Court held open the possibility that it yet might rule in favor of the Cherokee "in a proper case with proper parties". Chief Justice John Marshall wrote that "the relationship of the tribes to the United States resembles that of a 'ward to its guardian'." Justice William Johnson added that the "rules of nations" would regard "Indian tribes" as "nothing more than wandering hordes, held together only by ties of blood and habit, and having neither rules nor government beyond what is required in a savage state." Justice Smith Thompson, in a dissenting judgment joined by Justice Joseph Story, held that the Cherokee nation was a "foreign state" in the sense that the Cherokee retained their "usages and customs and self-government" and the United States government had treated them as "competent to make a treaty or contract". The Court therefore had jurisdiction; Acts passed by the State of Georgia were "repugnant to the treaties with the Cherokees" and directly in violation of a congressional Act of 1802; and the injury to the Cherokee was severe enough to justify an injunction against the further execution of the state laws. One year later, however, in Worcester v. Georgia, (1832), the U.S. Supreme Court ruled that the Cherokee Nation was sovereign. According to the decision rendered by Chief Justice John Marshall, this meant that Georgia had no rights to enforce state laws in its territory. President Andrew Jackson refused to uphold the ruling of this case, and directed the expulsion of the Cherokee nation. U.S. Army forces were used in some cases to round them up. Their expulsion and subsequent route is called "The Trail of Tears." Of the 15,000 who left, 4,000 died on the journey to "Indian Territory" in the present-day U.S. state of Oklahoma. Good condition. This listing includes the complete entire original newspaper, NOT just a clipping or a page of it. STEPHEN A. GOLDMAN HISTORICAL NEWSPAPERS stands behind all of the items that we sell with a no questions asked, money back guarantee. Every item we sell is an original newspaper printed on the date indicated at the beginning of its description. U.S. buyers pay priority mail postage which includes waterproof plastic and a heavy cardboard flat to protect your purchase from damage in the mail. International postage is quoted when we are informed as to where the package is to be sent. We do combine postage (to reduce postage costs) for multiple purchases sent in the same package. We list thousands of rare newspapers with dates from 1570 through 2004 on Ebay each week. This is truly SIX CENTURIES OF HISTORY that YOU CAN OWN! Stephen A. Goldman Historical Newspapers has been in the business of buying and selling historical newspapers for over 45 years. Dr. Goldman is a consultant to the Freedom Forum Newseum and a member of the American Antiquarian Society. You can buy with confidence from us, knowing that we stand behind all of our historical items with a 100% money back guarantee. Let our 45+ years of experience work for YOU ! We have hundreds of thousands of historical newspapers (and their very early precursors) for sale.

Price: 40 USD

Location: Oxford, Maryland

End Time: 2024-12-01T19:01:48.000Z

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