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 treaty of Hopewell seems not to have established a solid peace. To
accommodate the differences still existing between the State of Georgia
and the Cherokee nation, the treaty of Holston was negotiated, in July,
1791. The existing constitution of the United States had been then
adopted, and the Government, having more intrinsic capacity to enforce
its just claims, was perhaps less mindful of high sounding expressions,
denoting superiority. We hear no more of giving peace to the Cherokees.
The mutual desire of establishing permanent peace and friendship, and
of removing all causes of war, is honestly avowed, and, in pursuance of
this desire, the first article declares, that there shall be perpetual
peace and friendship between all the citizens of the United States of
America and all the individuals composing the Cherokee nation.
The second article repeats the important acknowledgment, that the
Cherokee nation is under the protection of the United States of
America, and of no other sovereign whosoever.
The meaning of this has been already explained. The Indian nations
were, from their situation, necessarily dependent on some foreign
potentate for the supply of their essential wants, and for their
protection from lawless and injurious intrusions into their country.
That Power was naturally termed their protector. They had been arranged
under the protection of Great Britain: but the extinguishment of the
British power in their neighborhood, and the establishment of that of
the United States, in its place, led naturally to the declaration, on
the part of the Cherokees, that they were under the protection of the
United States, and of no other Power. They assumed the relation with
the United States which had before subsisted with Great Britain.
This relation was that of a nation claiming and receiving the
protection of one more powerful: not that of individuals abandoning
their national character, and submitting as subjects to the laws of a
master.
The third article contains a perfectly equal stipulation for the
surrender of prisoners.
The fourth article declares, that "the boundary between the United
States and the Cherokee nation shall be as follows: Beginning," &c. We
hear no more of "allotments" or of "hunting grounds." A boundary is
described, between nation and nation, by mutual consent. The national
character of each, the ability of each to establish this boundary, is
acknowledged by the other. To preclude forever all disputes, it is
agreed that it shall be plainly marked by commissioners, to be
appointed by each party; and, in order to extinguish forever, all claim
of the Cherokees to the ceded lands, an additional consideration is to
be paid by the United States. For this additional consideration the
Cherokees release all right to the ceded land, forever.
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