Cherokee Nation v. Southern Kansas Railway Company was a Supreme Court case that was decided in 1886. The case involved a dispute between the Cherokee Nation and the Southern Kansas Railway Company over the right of the railway company to build a railway through the Cherokee Nation's territory. The Cherokee Nation argued that the railway company had no right to build the railway without the consent of the Cherokee Nation, and that the railway would interfere with the Nation's sovereignty. The Supreme Court ruled in favor of the Cherokee Nation, holding that the railway company had no right to build the railway without the consent of the Cherokee Nation. The Court also held that the railway would interfere with the Nation's sovereignty, and that the Nation had the right to protect its sovereignty. The Court also held that the railway company had to pay the Cherokee Nation for any damages caused by the railway. The decision in this case established the principle that the federal government could not interfere with the sovereignty of Native American nations.

In the Supreme Court case of Cherokee Nation v. Southern Kansas Railway Company, Justice Field delivered a dissenting opinion in which he argued that the majority's decision was not supported by precedent or law. He stated that Congress had never intended to grant railroads exclusive rights over Native American lands and thus could not be held liable for any damages caused by their construction on such land. Furthermore, he argued that even if Congress did intend to grant such exclusive rights, it would have done so explicitly rather than through an implied contract as suggested by the majority opinion. Additionally, Justice Field noted that there were no legal precedents supporting this position and therefore concluded that granting exclusive rights to railroad companies would be unconstitutional under both federal and state laws. Ultimately, his dissent sought to protect Native American sovereignty from being undermined without explicit congressional action authorizing it first.