Excerpt from Opinion on the Right of the State of Georgia to Extend Her Laws Over the Cherokee Nation

The Cherokee Nation of Indians have submitted, for my opinion, the following

Case.

Long before the arrival of the Europeans on this continent, and from time immemorial, they have been a sovereign nation, rightfully under the sole and exclusive government of their own laws, usages and customs, within their own dominions, of which dominions, except so far as altered by treaty, they have ever been and still are the absolute lords and masters, acknowledging no earthly superior. The arrival of the Europeans on this continent, produced no change in their political condition. They were never conquered. They have had various wars with the white people, which have been followed by treaties of peace, of which, the white people were always as desirous as themselves. They have also made various cessions of their lands to the white people, by voluntary treaty. But they have always been respected, and treated with, by the British Government, by the State Governments, by that of the United States, under their articles of confederation, and lastly, by that of the present United States, under their federal constitution, as a sovereign people to be governed exclusively, by their own laws, usages and customs, and owing no allegiance, either to the State Governments, or to the Government of the United States; nor amenable to their laws, except so far as they have engaged, by their own voluntary treaties, to respect those of the United States, made to give effect to these treaties. If the United States declare war against a foreign country, the Cherokees are not bound to take a part in that war, unless they chose to do so of their own accord. If a civil war take place among the States, the Cherokees arc not involved in that war, nor responsible for its consequences.

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