TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P50

Gale Encyclopedia of American Law Volume 13 P50 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 476 CIVIL RIGHTS PRIMARY DOCUMENTS NATIVE AMERICAN RIGHTS WORCESTER V. THE STATE OF GEORGIA discretion in refusing to give effect to those laws when questions arise under them unless they shall be deemed unconstitutional. The exercise of the power of selfgovernment by the Indians within a State is undoubtedly contemplated to be temporary. This is shown by the settled policy of the government in the extinguishment of their title and especially by the compact with the State of Georgia. It is a question not of abstract right but of public policy. I do not mean to say that the same moral rule which should regulate the affairs of private life should not be regarded by communities or nations. But a sound national policy does require that the Indian tribes within our States should exchange their territories upon equitable principles or eventually consent to become amalgamated in our political communities. At best they can enjoy a very limited independence within the boundaries of a State and such a residence must always subject them to encroachments from the settlements around them and their existence within a State as a separate and independent community may seriously embarrass or obstruct the operation of the State laws. If therefore it would be inconsistent with the political welfare of the States and the social advance of their citizens that an independent and permanent power should exist within their limits this power must give way to the greater power which surrounds it or seek its exercise beyond the sphere of State authority. This state of things can only be produced by a co-operation of the State and federal governments. The latter has the exclusive regulation of intercourse with the Indians and so long as this power shall be exercised it cannot be obstructed by the State. It is a power given by the Constitution and sanctioned by the most solemn acts of both the federal and State governments consequently it cannot be abrogated at the will of a State. It is one of

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