The Constitutionality Involved In The Removal Of — страница 4

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this article the Cherokee admit that they by right of conquest these states acquired a right to this land. Attention will now be directed towards the above-mentioned treaty of Hopewell with reference to a contract made between the United States and Georgia in 1802. With reference to the ninth article of the in the Treaty of Hopewell, the power of legislation over the Cherokees, had the goodness to transfer it to the State . By the firstarticle, Georgia ceded to the United States all her right, claim, title, to the jurisdiction and soil of the lands lying west of the Cattahoochie, as far as Mississippi, on specified conditions. By the second article, the United States accept the cession on the conditionsexpressed, and they “cede to the State of Georgia, whatever claim, right,or

title, they may hand out of proper boundaries to the jurisdiction and soil of any lands, lying within the United States and out of the proper boundaries of the States of Tennessee, North Carolina, and South Carolina and east of the boundary line described here. To summarize this point the United States obtained by treaty, the power to legislate over the Cherokee Nation, and then transferred that right to the state of Georgia. In conclusion, the State of Georgia is recognized as legally acquiring lands from the Cherokee people. Now, the reason for this legality is because with addition to the points stated above the Constitution of the United States says in Clause that: Congress shall have power to regulate commerce with foreign nations, between states and with the Indian tribes.

This power was in-turn ceded to the individual states with the ideal to form and make treaties of their own. Georgia again was not committing any crimes or unjust in their dealing with the Indian peoples.