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.
While these States were colonies, this power, in its utmost extent, was
admitted to reside in the crown. When our Revolutionary struggle
commenced, Congress was composed of an assemblage of deputies acting
under specific powers granted by the Legislatures, or conventions of
the several colonies. It was a great popular movement, not perfectly
organized, nor were the respective powers of those who were entrusted
with the management of affairs accurately defined. The necessities of
our situation produced a general conviction that those measures which
concerned all, must be transacted by a body in which the
representatives of all were assembled, and which could command the
confidence of all; Congress, therefore, was considered as invested with
all the powers of war and peace, and Congress dissolved our connexion
with the mother country, and declared these United Colonies to be
independent States. Without any written definition of powers, they
employed diplomatic agents to represent the United States at the
several Courts of Europe; offered to negotiate treaties with them; and
did actually negotiate treaties with France. From the same necessity,
and on the same principles, Congress assumed the management of Indian
affairs; first in the name of these United Colonies, and afterwards in
the name of the United States. Early attempts were made at negotiation,
and to regulate trade with them. These not proving successful, war was
carried on under the direction, and with the forces of the United
States, and the efforts to make peace, by treaty, were earnest and
incessant. The Confederation found Congress in the exercise of the same
powers of peace and war, in our relations with Indian nations, as with
those of Europe. Such was the state of things when the Confederation
was adopted. That instrument surrendered the powers of peace and war to
Congress, and prohibited them to the States, respectively, unless a
State be actually invaded, "or shall have received certain advice of a
resolution being formed by some nation of Indians to invade such State,
and the danger is so imminent as not to admit of delay till the United
States, in Congress assembled, can be consulted." This instrument also
gave the United States in Congress assembled the sole and exclusive
right of "regulating the trade, and managing all the affairs with the
Indians, not members of any of the States: _Provided_, That the
legislative power of any State within its own limits be not infringed or
violated."
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