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.
"And we do further strictly enjoin and require all persons whatever,
who have, either wilfully or inadvertently, seated themselves upon any
lands within the countries above described, or upon any other lands
which, not having been ceded to, or purchased by us, are still reserved
to the said Indians, as aforesaid, forthwith to remove themselves from
such settlements."
A proclamation, issued by Governor Gage, in 1779, contains the
following passage: "Whereas many persons, contrary to the positive
orders of the King, upon this subject, have undertaken to make
settlements beyond the boundaries fixed by the treaties made with the
Indian nations, which boundaries ought to serve as a barrier between
the whites and the said nations;" particularly on the Ouabache, the
proclamation orders such persons to quit those countries without delay.
Such was the policy of Great Britain towards the Indian nations
inhabiting the territory from which she excluded all other Europeans;
such her claims, and such her practical exposition of the charters she
had granted: she considered them as nations capable of maintaining the
relations of peace and war; of governing themselves, under her
protection; and she made treaties with them, the obligation of which
she acknowledged.
This was the settled state of things when the war of our Revolution
commenced. The influence of our enemy was established; her resources
enabled her to keep up that influence; and the colonists had much cause
for the apprehension that the Indian nations would, as the allies of
Great Britain, add their arms to hers. This, as was to be expected,
became an object of great solicitude to Congress, Far from advancing a
claim to their lands, or asserting any right of dominion over them,
Congress resolved "that the securing and preserving the friendship of
the Indian nations appears to be a subject of the utmost moment to
these colonies."
The early journals of Congress exhibit the most anxious desire to
conciliate the Indian nations. Three Indian departments were
established; and commissioners appointed in each, "to treat with the
Indians in their respective departments, in the name and on behalf of
the United Colonies, in order to preserve peace and friendship with the
said Indians, and to prevent their taking any part in the present
commotions."
The most strenuous exertions were made to procure those supplies on
which Indian friendships were supposed to depend, and everything which
might excite hostility was avoided.
The first treaty was made with the Delawares, in September, 1778.
The language of equality in which it is drawn, evinces the temper with
which the negotiation was undertaken, and the opinion which then
prevailed in the United States.
"1st. That all offences or acts of hostilities, by one or either of the
contracting parties against the other, be mutually forgiven, and buried
in the depth of oblivion, never more to be had in remembrance.
Public-domain text, read in full here on John Shaqi.
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