Cherokee Nation v. Georgia

Plaintiff

Cherokee Indian Nation

Defendant

State of Georgia

Plaintiff's Claim

That under the Supreme Court's power to resolve disputes between states and foreign nations, the Court could forbid Georgia from unlawfully attempting to move the Cherokees from their lands.

Chief Lawyer for Plaintiff

William Wirt

Chief Defense Lawyer

None

Justices for the Court

Henry Baldwin, William Johnson, John Marshall (writing for the Court), John McLean

Justices Dissenting

Smith Thompson, Joseph Story (Gabriel Duvall did not participate)

Place

Washington, D.C.

Date of Decision

5 March 1831

Decision

That the Court had no power to hear the dispute, because Indian tribes are not foreign nations.

Related Cases

• Fletcher v. Peck, 10 U.S. 87 (1810).
• Johnson v. McIntosh, 21 U.S. 523 (1823).
• Worcester v. Georgia, 6 U.S. 515 (1832).

Sources

Garraty, John A. A Short History of the American Nation. New York: Harper, 1981.