John Marshall Quotes


Though the Indians are acknowledged to have an unquestionable, and heretofore unquestioned right to the lands they occupy … it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can, with strict accuracy, be denominated foreign nations….They occupy a territory to which we assert a title independent of their will… they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian. They look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants; and address the President as their Great Father. They and their country are considered by foreign nations, as well as by ourselves, as being so completely under the sovereignty and dominion of the United States that any attempt to acquire their lands, or to form a political connection with them, would be considered by all as an invasion of our territory and an act of hostility.


Citations

John Marshall, 1755-1835, Chief Justice of the U. S. Supreme Court, U. S. Congressman (Federalist, VA), U. S. Secretary of War, U. S. Secretary of State, Cherokee Nation v. Georgia, 1831

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Related Quotes

Jackson refused to obey this decision, He was the only American President who disobeyed a Supreme Court Decision. In doing this, he killed tens of thousands of Indians, allowed the Southern Whites to steal most of the Cherokee land. His Indian Removal, contrary to this Supreme Court decision, was the worst case of ethnic cleansing in the history of the United States.


There were a few members of Congress who were distressed at the deception that was very often used in negotiations with Indians. They never were a sufficient majority to pass serious, meaningful legislation.


This was passed in 1787 before the Constitution had become operative, but was then ratified by Congress in 1789. It was one of the first acts of our new nation, and one of the most frequently violated throughout our history.


The intentions of the Founding Fathers towards the Indians was decent, respectful, and well intentioned. However, there was not enough of a system of enforcement or the will to enforce when the greed of the average whites grew too great. Many settlers saw these vast lands and could not see any harm in using a few acres for their farm. And if there had been only a few, there would have been little trouble. However, the settlers kept coming and coming and soon the Indians began to push back. In a sense, it was a class problem. The members of the Continental Congress who wrote the Northwest Ordinance were educated, affluent men who had plenty of land. Most of the men who contested for the Indian lands had little land or were newly affluent and saw few limits to America.


This is an important quotations for two reasons. First, one of the white Europan myths in the colonial era was that the Native America had not concept of land ownership and title. This quotation clearly refutes that/ Second, this shows that some Europeans coming to the new world opposed the view that the white Christians and a moral right to the Native American “heathen” land. A few like Williams did not.


Jackson was the only American President who disobeyed a Supreme Court Decision. See {635653}. In doing this, he killed tens of thousands of Indians, allowed the Southern Whites to steal most of the Cherokee land. His Indian Removal contrary to the Supreme Court decision, was the worst case of ethnic cleansing in the history of the United States.


The whites had constantly encroached on the Cherokee land which was too large for any reasonable patrolling by the Indians themselves. The Federal government persuaded the Cherokee to sign a treaty by which the Indians would give up their title to the larger part of their land. The most important quid pro quo was that the Federal Government would protect the remainder of the Cherokee land from incursion by whites or even other Indians. However, whites who coveted the land started to encroach and build farms and ranches. The Federal government was reluctant to use American soldiers against American citizens and was looking for a way out. However, the Cherokee chiefs were reminding them of their obligation. The state governments were less concerned about Federal treaties, and Georgia passed a law that said that all the Cherokee land must be governed by State Law contrary to the Treaty which gave the Cherokee total sovereignty. But the Feds were not anxious to have a showdown with the states on this issue. Whites, with the connivance of the state governments and the support of some Federal Officials offered to amend the treaty with the Cherokee. The whites would pay the Indians fair market value for their land in the East. The Federal Government would provide equal amount of land in the Indian Territory of Oklahoma, then a territory. The Feds would assist with the relocation and provide troops to protect the Cherokee from thieves and raiders—whites and Indians, and would guarantee that the Cherokee would be completely sovereign in the new land. The chief’s did not want to renegotiate the old treaty—they just wanted it enforced. The Supreme Court ruled in their favor, but President Jackson, ignored the ruling and forced the Cherokee onto the Trail of Tears for Oklahoma and the whites took over the valuable Cherokee land.


In 1937 the U. S. Treasury Department commissioned a pair of large murals to decorate the lobby or the Ariel Rios Federal Building in Washington DC. On the mural was depicted a U. S. Mail Service from Alaska to Puerto Rico. It showed four Puerto Rican women reading a letter in the Inuit dialect presumably delivered from Alaska. The authorities loved the mural until they discovered the translation of the Inuit letter. This was a direct reference to the Puerto Rican Nationalist Independence Movement. That year 18 Puerto Rican Nationalists were killed and over 100 wounded when police fired into a crowd of demonstrators on March 21. Kent, a famous artist, planted a newspaper story with the translation and soon media all over the company were drawing attention to the Puerto Rican movement, just as Kent had intended.


In the midst of the French & Indian Wars, the Board of Trade drafted the royal proclamation of October 7, 1763, forbidding the granting of lands in the vast interior, which was specifically reserved to the Indians. Most whites, themselves interested in land, saw this as a temporary expediency only. This quotation must be viewed in juxtaposition with his of 1767 on the subject: {624055}


A very passionate minority of India’s Muslims demanded a separate Islamic State (that would become Pakistan) but Hindu’s and Muslims were mixed throughout India and many Indians and British were concerned that there would be a bloodbath if the plans for independence went forward. When the decision had been made to partition India, Radcliffe had the unenviable task of deciding where the boundary was to be between Pakistan and India. No one on either side was satisfied with his effort. So, realizing that violence was about to break out, he packed quickly and went back to England. Over two million Indians were killed in the violence that broke out in the next weeks as there was a huge migration and ethnic cleansing to implement Radcliffe’s boundaries. Fifty years later, both India and Pakistan acknowledge that Radcliffe did a very reasonable job.


John Marshall
John Marshall
  • Born: September 24, 1755
  • Died: July 6, 1835
  • Nationality: American
  • Profession: Judge

John Marshall was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 to 1835. Marshall remains the longest-serving chief justice and fourth-longest serving justice in Supreme Court history, and he is widely regarded as one of the most influential justices to ever sit on the Supreme Court. Prior to joining the Supreme Court (and for one month simultaneous to his tenure as Chief Justice), Marshall served as the United States Secretary of State under President John Adams.