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James Trigg, Richard Pryor, And John W. Paup, Plaintiffs In Error, v. Thomas S. Drew, As Governor Of The State Of Arkansas, And Successor Of Archibald Yell, Deceased

1850 • 51 U.S. 224 • Taney Court
This Supreme Court case involved James Trigg, Richard Pryor and John W. Paup (plaintiffs in error) versus Thomas S. Drew as Governor of the State of Arkansas and successor to Archibald Yell (deceased). The plaintiffs argued that they had been wrongfully dispossessed from their land by a decision made by the Arkansas Territorial Legislature in 1835 which granted them title to certain lands but was later repealed by an act passed in 1836. The defendants argued that the repeal was valid under...Open Case
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Oh No!
Chief Taney Court
Term: 1850
51 U.S. 224
13 L. Ed. 397
1850 U.S. LEXIS -99
Argued: Jan 24, 1851

James Trigg, Richard Pryor, And John W. Paup, Plaintiffs In Error, v. Thomas S. Drew, As Governor Of The State Of Arkansas, And Successor Of Archibald Yell, Deceased

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Opinion Summary
AI Abstract

This Supreme Court case involved James Trigg, Richard Pryor and John W. Paup (plaintiffs in error) versus Thomas S. Drew as Governor of the State of Arkansas and successor to Archibald Yell (deceased). The plaintiffs argued that they had been wrongfully dispossessed from their land by a decision made by the Arkansas Territorial Legislature in 1835 which granted them title to certain lands but was later repealed by an act passed in 1836. The defendants argued that the repeal was valid under state law and thus did not violate any federal laws or constitutional provisions. After hearing both sides' arguments, the court ruled that while there may have been some irregularities with how the repeal was enacted, it did not rise to a level where it violated any federal laws or constitutional rights; therefore, upholding its validity under state law.

Dissent Summary
AI Abstract

In the case of James Trigg, Richard Pryor, and John W. Paup v. Thomas S. Drew as Governor of Arkansas, the dissenting opinion argued that a treaty between the United States and Cherokee Nation in 1817 had granted certain rights to Cherokees living east of the Mississippi River which included immunity from state laws such as those imposed by Arkansas on non-Indians residing within its borders. The dissent further argued that this treaty was still valid despite subsequent treaties with other Indian nations which may have modified or superseded it because no explicit language existed in any later documents indicating an intent to abrogate or modify it; thus, according to Chief Justice Taney's opinion for the minority, these earlier rights should be respected and enforced by both parties regardless of whether they were explicitly mentioned in more recent agreements. Furthermore, he maintained that if Congress intended otherwise then it would have been obligated to make its intentions clear rather than relying on implication alone when dealing with matters involving Native American tribes who are considered "wards" under federal law due their status as dependent nations subject to U.S control over their affairs

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