04/02/2020
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native lands without having to invalidate conveyances made by the government to
many U.S. citizens.[164]
Johnson was reiterated in the case of Worcester v. Georgia.[165] In this case, the
State of Georgia enacted a law requiring all white persons residing within the
Cherokee nation to obtain a license or permit from the Governor of Georgia; and any
violation of the law was deemed a high misdemeanor. The plaintiffs, who were
white missionaries, did not obtain said license and were thus charged with a
violation of the Act.
The U.S. Supreme Court declared the Act as unconstitutional for interfering with the
treaties established between the United States and the Cherokee nation as well as
the Acts of Congress regulating intercourse with them. It characterized the
relationship between the United States government and the Indians as:
"The Indian nations were, from their situation, necessarily dependent on
some foreign potentate for the supply of their essential wants, and for
their protection from lawless and injurious intrusions into their country.
That power was naturally termed their protector. They had been arranged
under the protection of Great Britain; but the extinguishment of the
British power in their neighborhood, and the establishment of that of the
United States in its place, led naturally to the declaration, on the part of
the Cherokees, that they were under the protection of the United States,
and of no other power. They assumed the relation with the United States
which had before subsisted with Great Britain.
This relation was that of a nation claiming and receiving the protection of
one more powerful, not that of individuals abandoning their national
character, and submitting as subjects to the laws of a master."[166]
It was the policy of the U.S. government to treat the Indians as nations with distinct
territorial boundaries and recognize their right of occupancy over all the lands within
their domains. Thus:
"From the commencement of our government Congress has passed acts
to regulate trade and intercourse with the Indians; which treat them as
nations, respect their rights, and manifest a firm purpose to afford that
protection which treaties stipulate. All these acts, and especially that of
1802, which is still in force, manifestly consider the several Indian
nations as distinct political communities, having territorial
boundaries, within which their authority is exclusive, and having a
right to all the lands within those boundaries, which is not only
acknowledged, but guaranteed by the United States.
x
x
x.
"The Indian nations had always been considered as distinct,
independent political communities, retaining their original natural
rights, as the undisputed possessors of the soil from time
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
36/148
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