In the case of Cherokee Nation v. Journey Cake, 1894, the U.S Supreme Court ruled in favor of the Delaware Indians who were part of the Cherokee Nation. The Delawares had purchased lands from Cherokees and sought to separate themselves as a distinct group within Indian Territory (now Oklahoma). However, when they attempted to sell their land allotments under an agreement with Congress that allowed them to do so if they moved out of Indian Territory, this was challenged by the Cherokee Nation who claimed it violated previous treaties between them and infringed on their rights over all lands within their territory. The court held that while both parties had valid claims based on different treaties and agreements made at various times with federal authorities; ultimately it was up to Congress - not courts - to resolve such conflicts arising from its own actions or legislation concerning Native American tribes' affairs.

In the dissenting opinion for Cherokee Nation v. Journeycake, Justice Brewer argued that the court majority was wrong in its interpretation of treaties and agreements between the U.S. government and the Cherokee Nation. He believed that these documents clearly indicated a commitment to protect tribal lands from encroachment by non-Indigenous settlers or other tribes, including those forcibly relocated due to U.S. expansionist policies like the Delaware tribe in this case. According to Justice Brewer, allowing Delawares who had purchased land within Cherokee territory to claim separate tribal status violated both specific treaty provisions and broader principles of trust responsibility towards Indigenous nations enshrined in federal law and policy.