Cherokee Nation v. State of Georgia
Supreme Court of the United States
Motion for Injunction. This case came before tbe court on a motion, on bebalf of the Cherokee nation of Indians, for a subpoena, and for an injunction, to restrain tbe state of Georgia, tbe governor, attorney-general, judges, justices of the peace, sheriffs, deputy-sheriffs, constables, and others the officers, agents and servants of that state, from executing and enforcing the laws of Georgia, or any of these laws, or serving process, or doing anything towards the execution…
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Motion for Injunction. This case came before tbe court on a motion, on bebalf of the Cherokee nation of Indians, for a subpoena, and for an injunction, to restrain tbe state of Georgia, tbe governor, attorney-general, judges, justices of the peace, sheriffs, deputy-sheriffs, constables, and others the officers, agents and servants of that state, from executing and enforcing the laws of Georgia, or any of these laws, or serving process, or doing anything towards the execution or enforcement of those laws, within the Cherokee territory, as designated by treaty between the United States and the…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court. — This bill is brought by the Cherokee nation, praying an injunction to restrain the state of Georgia from the execution of certain laws of that state, which, as is alleged, go directly to annihilate the Cherokee as a political society, and to seize for the use of Georgia, the lands of the nation which have been assured to them by the United States, in solemn treaties repeatedly made and still in force.
If courts were permitted to indulge their sympathies, a case better calculated to excite them can scarcely be imagined. A people, once…
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