Opinion of the Supreme Court of the United States, at January Term, 1832, Delivered by Mr. Chief Justice Marshall in the Case of Samuel A. Worcester, Plaintiff in Error, versus the State of Georgia: With a Statement of the Case, Extracted from the Records of the Supreme Court of the United StatesMarshall, John
History
Opinion of the Supreme Court of the United States, at January Term, 1832, Delivered by Mr. Chief Justice Marshall in the Case of Samuel A. Worcester, Plaintiff in Error, versus the State of Georgia: With a Statement of the Case, Extracted from the Records of the Supreme Court of the United States
Marshall, John
Cherokee Indians -- Missions -- Georgia; Georgia -- Trials, litigation, etc.; Worcester, S. A. (Samuel Austin), 1798-1859 -- Trials, litigation, etc.
The charter to Georgia professes to be granted for the charitable
purpose of enabling poor subjects to gain a comfortable subsistence by
cultivating lands in the American provinces, "at present waste and
desolate." It recites: "and whereas our provinces in North America have
been frequently ravaged by Indian enemies, more especially that of
South Carolina, which, in the late war by the neighboring savages, was
laid waste by fire and sword, and great numbers of the English
inhabitants miserably massacred; and our loving subjects, who now
inhabit there, by reason of the smallness of their numbers, will, in
case of any new war, be exposed to the like calamities, inasmuch as
their whole Southern frontier continueth unsettled, and lieth open to
the said savages."
These motives for planting the new colony are incompatible with the
lofty ideas of granting the soil and all its inhabitants from sea to
sea. They demonstrate the truth, that these grants asserted a title
against Europeans only, and were considered as blank paper so far as
the rights of the natives were concerned. The power of war is given
only for defence, not for conquest.
The charters contain passages showing one of their objects to be the
civilization of the Indians, and their conversion to Christianity--objects
to be accomplished by conciliatory conduct, and good example; not by extermination.
The actual state of things, and the practice of European nations, on so
much of the American continent as lies between the Mississippi and the
Atlantic, explain their claims and the charters they granted. Their
pretensions unavoidably interfered with each other: though the
discovery of one was admitted by all to exclude the claim of any other,
the extent of that discovery was the subject of unceasing contest.
Bloody conflicts arose between them, which gave importance and security
to the neighboring nations. Fierce and warlike in their character, they
might be formidable enemies, or effective friends. Instead of rousing
their resentments, by asserting claims to their lands, or to dominion
over their persons, their alliance was sought by flattering
professions, and purchased by rich presents. The English, the French,
and the Spaniards, were equally competitors for their friendship and
their aid. Not well acquainted with the exact meaning of words, nor
supposing it to be material whether they were called the subjects, or
the children of their father in Europe; lavish in professions of duty
and affection, in return for the rich presents they received; so long
as their actual independence was untouched, and their right to self
government acknowledged, they were willing to profess dependence on the
Power which furnished supplies of which they were in absolute need, and
restrained dangerous intruders from entering their country: and this
was probably the sense in which the term was understood by them.
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