Shortly afterward, under the law which forbade any white man to reside
in the Cherokee Nation without taking an oath of allegiance to Georgia,
a number of arrests were made, including Wheeler, the printer of the
Cherokee Phoenix, and the missionaries, Worcester, Butler, Thompson,
and Proctor, who, being there by permission of the agent and feeling
that plain American citizenship should hold good in any part of the
United States, refused to take the oath. Some of those arrested
took the oath and were released, but Worcester and Butler, still
refusing, were dressed in prison garb and put at hard labor among
felons. Worcester had plead in his defense that he was a citizen of
Vermont, and had entered the Cherokee country by permission of the
President of the United States and approval of the Cherokee Nation;
and that as the United States by several treaties had acknowledged
the Cherokee to be a nation with a guaranteed and definite territory,
the state had no right to interfere with him. He was sentenced to four
years in the penitentiary. On March 3, 1832, the matter was appealed as
a test case to the Supreme Court of the United States, which rendered a
decision in favor of Worcester and the Cherokee Nation and ordered his
release. Georgia, however, through her governor, had defied the summons
with a threat of opposition, even to the annihilation of the Union,
and now ignored the decision, refusing to release the missionary,
who remained in prison until set free by the will of the governor
nearly a year later. A remark attributed to President Jackson, on
hearing of the result in the Supreme Court, may throw some light on
the whole proceeding: "John Marshall has made his decision, now let
him enforce it." [303]
On the 19th of July, 1832, a public fast was observed throughout
the Cherokee Nation. In the proclamation recommending it, Chief
Ross observes that "Whereas the crisis in the affairs of the Nation
exhibits the day of tribulation and sorrow, and the time appears to
be fast hastening when the destiny of this people must be sealed;
whether it has been directed by the wonted depravity and wickedness of
man, or by the unsearchable and mysterious will of an allwise Being,
it equally becomes us, as a rational and Christian community, humbly
to bow in humiliation," etc. [304]
Public-domain text, read in full here on John Shaqi.
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