Unpublished Papers

The Nature and Extent of the Exercise of Criminal Jurisdiction by the Cherokee Supreme Court: 1823-1835

J. Matthew Martin, University of North Carolina at Chapel Hill

Abstract

Much Federal Indian Law is Federal common law. In creating a body of work regarding the jurisdiction possessed by Indian Tribes as a function of retained sovereignty, the Supreme Court has failed to hew a straight line. The legal histories of Indian Tribes may offer strong evidence of retained sovereignty. The original Cherokee Supreme Court, 1823-1835 exercised complete criminal jurisdiction. Analysis of that jurisdiction is evidence that full criminal jurisdiction is not inconsistent with the Cherokee Indians' dependent sovereign status.

Suggested Citation

J. Matthew Martin. 2009. "The Nature and Extent of the Exercise of Criminal Jurisdiction by the Cherokee Supreme Court: 1823-1835" ExpressO
Available at: http://works.bepress.com/j_matthew_martin/1