Cherokee Phoenix

The following brief view of the decision of the Supreme Court in the case of the Cherokee Indians an

Published April, 30, 1831

Page 2 Column 4a

The following brief view of the decision of the Supreme Court in the case of the Cherokee Indians and the State of Georgia is taken from the Norwich Courier:

Indian Question-- It will have been seen by our readers that the Supreme Court of the United States have decided to disallow the injunction prayed for by the Cherokee Nation against the State of Georgia. The grounds of the decision are we understand two fold--that the Cherokees are not foreign Nation in the sense in which that term is used in the Constitution, and that no such process lies in the case of any foreign Nation, strictly such against one of the States. The high character of this tribunal in learning and integrity will ensure, we doubt not, the entire acquiescence of the whole community in the legal correctness of the decision.--We regard this decision as entirely settling the question which they adjudicated. But it will be readily understood by every one of ordinary discernment, that this decision affects not in the slightest degree the moral question as to the treatment of the Indians. The proceedings of Georgia are in the same degree censurable and without excuse, and the duty of protection by the General Government is precisely as strong. Whether they are foreign nations or sovereign and dependent States under the pupilage of the U.S. is an inquiry entirely aside from the consideration of their wrongs and the obligation to redress them. Indeed, if they are in a state of pupilage, if the General Government has taken upon itself the task of guardianship and obligated itself to defend and protect them, the duty is the more imperious and their oppression or connivance at oppression the more inexcusable.