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Lawyers and the Legal Business of the Cherokee Republic in Courts of the United States, 1829–1835

When Europeans first arrived, the Native American societies of North America had a variety of systems of social control and conflict mediation. These indigenous peoples were not heir to the concept of equal protection of the law derived from the Magna Carta, nor to notions of individual rights defended in the English Bill of Rights (1689) and Western Enlightenment political thought. Theirs were systems of custom and commandment of their own need and development. Therefore, after the contact period, whenever conflict arose a central issue of cultural pluralism surfaced: whose resolution system would be used when mediation was necessary.