262 CHEROKEE NATION OF INDIANS. 
FAILURE OF COLONEL LOWRY’S MISSION. 
In this situation of affairs Col. John Lowry was appointed! a special 
commissioner to visit the Cherokee Nation and again lay before them 
a formal proposition for their removal west. The substance of Mr. 
Lowry’s proposal as communicated by him to their national council? 
was: (1) To give to the Cherokees a country west of the Mississippi, 
equal in value to the country they would leave; (2) each warrior and 
widow living within the limits of Alabama or Tennessee was to be 
permitted, if so desiring, to select a reservation of 200 acres, which, if 
subsequently abandoned, was to be sold for the reservee’s benefit ; (3) 
each Indian desiring to become a citizen of the United States was to 
have a reservation in fee-simple ; (4) all emigrants were to be removed 
and fed one year at the expense of the United States, and to be com- 
peusated for all property, except horses, they should leave behind them, 
aud, (5) the nation was to be provided with a liberal school fund. 
Again the resulé was an emphatic refusal’ on the part of the Chero- 
kees to enter into negotiations on the subject. Other special commis- 
sioners and emissaries, of whom several were appointed in the next few 
months, met with the same reception. 
DECISION OF THE SUPREME COURT IN CHEROKEE NATION VS. GEORGIA. 
Determined to test the constitutionality of the hostile legislation of 
Georgia, application was made at the January term, 1831, of the Su- 
preme Court of the United States, by John Ross, as principal chief, in 
the name of the Cherokee Nation, for an injunction against the State of 
Georgia. The application was based on the theory that the Cherokee 
Nation was a sovereign and independent power in the sense of the 
language of the second section of the third article of the Constitution 
of the United States providing for judicial jurisdiction of cases arising 
between a State, or the citizens thereof, and foreign states, citizens, or 
subjects. The majority of the court declared that the Cherokee Nation 
was not a foreign nation in the sense stated in the Constitution, and 
dismissed the suit for want of jurisdiction. From this decision, how- 
ever, Justices Thompson and Story dissented. * 
FAILURE OF MR. CHESTER’S MISSION, 
No further formal attempt was made to secure a compliance with 
the wishes of the Government until the winter and spring of 1831~82. 
A delegation of Cherokees had visited Washington in the interests of 
their people, and though nothing was accomplished through them, the 
language used by some members of the delegation had led the Govern- 

' September 1, 1830. 
2 October 20, 1830. 
3 Action of Cherokee national council, October 22, 1830. 
4Cherokee Nation vs. State of Georgia, Peters’s United States Supreme Court Re- 
ports; Volo Wipsaw. 
