Eastern Band of the Cherokee Indians v. United States’s Empirical Analysis

Citation profile

28 federal appellate · 13 district · 24 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 126 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Cherokees in North Carolina dissolved their connection with their nation when they refused to accompany the body of it on its removal,, and they have had no separate political organization since. Whatever union they have had among themselves has been merely a social or business one. It was formed in 1868, at the suggestion of an officer of the Indian office, for the purpose-of enabling them to transact business with the government with greater convenience. Although its articles are drawn in the form of a constitution for a separate civil government, they have never been recognized as a separate nation by the United States; no treaty has been made with them; they can pass no laws; they are citizens of that state, and bound by its laws. * * * ””

   2 later decisions quote this exact passage
   e.g. State v. . Wolf · In re the Imprisonment of McCoy

2. “the Cherokees ceded to the United States all the lands owned, claimed, or possessed by them east of the Mississippi river, and all claims for spoliations of every kind, for the sum of five million of dollars, and agreed to remove to ‘their new home’ west of the Mississippi within two years from its ratification,” E. Band of Cherokee Indians v. United States, 117 U.S. 288 , 301, 6 S.Ct. 718 , 29 L.Ed. 880 (1886).”

   2 later decisions quote this exact passage
   e.g. 165 F. Supp. 139 - Prairie Band of Potawatomi Indians v. United States · 267 F. Supp. 3d 86 - Cherokee Nation v. Nash

3. ““The United States had as early as 1802, agreed with Georgia, in consideration of her cession of western lands, to extinguish the Indian title to lands within the state. North Carolina claimed that the United States were under a similar obligation to extinguish the Indian title to lands within her limits, in consideration of a like cession of western lands, * * * and with the extinguishment of their title, it was expected that the Indians themselves would be removed to territory beyond the bounds of those states. * * * Severe and oppressive laws were passed by Georgia in order to compel them to leave; and, though less severity was practiced in North Carolina towards the Indians in that state, an equally pronounced, desire for their departure was expressed. Angry and violent disputes between them and the white people in both states, but more particularly in Georgia, were of frequent occurrence. * * * “The treaty of New Eehota was made to put an end to those troubles, and to secure the reunion of the divided nation. * * * Those individuals and families that were averse to removal, and were desirous to become citizens of the state wherein they resided, and such as were qualified to take care of themselves and their property, should be entitled to receive their due proportion of all the personal benefits arising under the treaty for their claims, improvements, and their per capita. * * * Great reluctance to • go was manifested by large number’s, and at last it became necessary to”

   1 later decision quote this exact passage
   e.g. United States v. Swain County