The Constitutionality Involved In The Removal Of — страница 3

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Jackson became President Georgia expanded its policy of extending state civil and criminal jurisdiction over the Cherokee Nation. Defending this policy, Jackson stated that: Georgia is mearly using its sovereign right to govern all the territory within its boarders. This view of sovereignty showed an example of the interpretation of the constitutional provisions of federal supremacy in Indian affairs and the treaty stipulations that had to be defended for the Native Nations from frontier settlers. From this point on it would be recognized that with Jackson in the Presidency that interpretation in favor of the Cherokee would begin its downward spiral. This is said with reference pointing towards the policies, judgments and societal attitudes that in-fact were present. These

policies used in reference are with regard to the 1827 written constitution by the Cherokee peoples and proclamation of being an independent state. In response to this action the Georgia legislature extended state law over Indian Territory, annulled Indian law, and directed the seizer of all Indian lands. To further oppress the Indians, President Jackson also denied the right of Indians to become an independent nation within sovereign states. To further this precedent a case involving the Cherokee nation V. Georgia (1831) the Supreme Court held that an Indian tribe was neither a state in the Union nor a foreign nation within the meaning of the Constitution and, therefore, could not maintain an action in the federal courts. Chief Justice Marshall furthered by saying: that the

Indians were domestic dependent nations under the sovereignty and dominion of the United States, who had an unquestionable right to the lands they occupied until title should be extinguished by voluntary cession to the members of the United States. This statement will begin the tone of why Georgia was justified in acquiring lands from the Cherokee peoples. It is agreed upon that the Cherokee people were in fact cheated in the loss of their property, but not in the sense of stolen which is usually meant by the use of this word. They were merely trying to play a game in which they did not fully understand the rules and consequences. (This statement will be backed up with reference earlier in this document in which the concept of money and land value were unfathomed by the Cherokee

people.) Arising from a fair exercise of the treaty making power with a foreign government, entirely unconnected with any disputes about the relative power of the State Government, and also that of the Government of the United States, that Georgia stands perfectly justified in its actions. The Cherokee were acknowledged as independent nations, by treaties made first with the state of Georgia, and lastly with the United States. The United States virtually guarantied the independence of the Cherokee. that treaties with the United States are the supreme laws of the land, and must be executed, although they may be in collision with the states constitutions and the state laws . The independence of the tribes rests on this above-mentioned argument that the formation of a treaty is,

between parties, an- acknowledgement of mutual independence . With the basis of treaties stated direction will be placed to the treaty of Galphinton, agreed upon in 1785: Article 1. The said Indians, for themselves, and all the tribes or towns within their respective nations, within the limits of the State of Georgia, have been, and now are members of the same , since the day and date of the constitution of the said state of Georgia. This article is broad enough to lay claim of the state to the sovereignty over the Cherokee. In quoting form Georgia documents If they were member s of the state, as they acknowledged themselves to have been, from the adoption of the constitution of Georgia, what became of their separate and independent character as a nation or a tribe Another point

of reference lay within the treaty of DeWitts s corner signed in 1777 with the states of South Carolina and Georgia: “Article 1. The Cherokee Nation acknowledged that the troops, during thelast summer, repeatedly defeated their forces, victoriously penetratedthrough their lower towns, middle settlements, and valleys; and quietly andunopposed, built, held and continue to occupy, the fort at Esenneca,thereby did effect and maintain the conquest of all the Cherokee landseastward of the Unicaye Mountain; and to and for their people, did acquire,possess, and yet continue to hold, in and over the said lands, all andsingular, the rights incidental to conquest; and the Cherokee nation, inconsequence thereof, do cede the said lands to the said people, the peopleof South Carolina.”In