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.
Certain it is, that our history furnishes no example, from the first
settlement of our country, of any attempt, on the part of the crown, to
interfere with the internal affairs of the Indians, farther than to
keep out the agents of foreign Powers, who, as traders or otherwise,
might seduce them into foreign alliances. The King purchased their
lands when they were willing to sell, at a price they were willing to
take; but never coerced a surrender of them. He also purchased their
alliance and dependence by subsidies; but never intruded into the
interior of their affairs, or interfered with their self government, so
far as respected themselves only.
The general views of Great Britain, with regard to the Indians, were
detailed by Mr. Stuart, superintendent of Indian affairs, in a speech
delivered at Mobile, in presence of several persons of distinction,
soon after the peace of 1763. Towards the conclusion he says, "lastly,
I inform you that it is the King's order to all his Governors and
subjects to treat the Indians with justice and humanity, and to forbear
all encroachments on the territories allotted to them; accordingly, all
individuals are prohibited from purchasing any of your lands; but, as
you know that, as your white brethren cannot feed you when you visit
them, unless you give them ground to plant, it is expected that you
will cede lands to the King for that purpose. But, whenever you shall
be pleased to surrender any of your territories to his majesty, it must
be done, for the future, at a public meeting of your nation, when the
governors of the provinces, or the superintendent shall be present, and
obtain the consent of all your people. The boundaries of your hunting
grounds will be accurately fixed, and no settlement permitted to be
made upon them. As you may be assured that all treaties with you will
be faithfully kept, so it is expected that you, also, will be careful
strictly to observe them."
The proclamation issued by the King of Great Britain, in 1763, soon
after the ratification of the articles of peace, forbids the governors
of any of the colonies to grant warrants of survey, or pass patents
upon any lands whatever, which, not having been ceded to, or purchased
by, us, (the King) as aforesaid, are reserved to the said Indians, or
any of them.
The proclamation proceeds: "and we do farther declare it to be our
royal will and pleasure, for the present, as aforesaid, to reserve,
under our sovereignty, protection, and dominion, for the use of the
said Indians, all the lands and territories lying to the westward of
the sources of the rivers which fall into the sea, from the west and
northwest as aforesaid: and we do hereby strictly forbid, on pain of
our displeasure, all our loving subjects from making any purchases or
settlements whatever, or taking possession of any of the lands above
reserved, without our special leave and licence for that purpose first
obtained.
Public-domain text, read in full here on John Shaqi.
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