Legislative Act Towards American Indians

In Cherokee Nation v. Georgia (30 U.S. (5 Pet.) 1 (1831)), the Court addressed the question of whether the Cherokee Nation was a "foreign state" and, therefore, could sue the State of Georgia in federal court under diversity jurisdiction. Chief Justice Marshall ruled that federal courts had no jurisdiction over such a case because Indian tribes were merely "domestic dependent nations" existing "in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian."

The statements by the Court in Cherokee Nation established the premise that Indian nations do not possess all of the attributes of sovereignty that the word "nation" normally implies. Indian nations are not "foreign," but rather exist within the geographical boundaries of the United States, which necessarily limits their sovereignty. It would be unacceptable for an Indian nation located within the United States to enter into treaties with other countries, or to cede Indian land to foreign countries (to have a French or German enclave in the middle of Montana, for example.)

The Court's characterization of the tribes as "dependent nations" is the basis for what has been called the trust relationship between the United States and the Indian tribes, through which the federal government protects the tribes from interference and intrusion by state governments and state citizens. Inherent in the concept of a "trust" relationship is the implication that the tribes are incompetent to handle their own affairs. This presumption has served as the justification for many actions by the federal government that have intruded on and diminished tribal sovereignty.

In the last case of the Marshall trilogy, Worcester v. Georgia (31 U.S. (6 Pet.) 515 (1832)), the Court addressed the issue of whether the state of Georgia could impose criminal penalties on a number of missionaries who were residing in Cherokee territory, without having obtained licenses from the governor of Georgia. Ruling that the laws of Georgia could have no effect in Cherokee territory, the Court said, "[t]he Cherokee nation...is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokees themselves, or in conformity with treaties, and with