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
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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 the said Samuel A. Worcester, in his own proper person, comes and
says, that this Court ought not to take further cognizance of the action
and prosecution aforesaid, because, he says, that, on the 15th day of
July, in the year 1831, he was, and still is, a resident in the Cherokee
nation; and that the said supposed crime, or crimes, and each of them,
were committed, if committed at all, at the town of New Echota, in the
said Cherokee nation, out of the jurisdiction of this court, and not in
the county Gwinnett, or elsewhere within the jurisdiction of this Court.
And this defendant saith, that he is a citizen of the State of Vermont,
one of the United States of America, and that he entered the aforesaid
Cherokee nation in the capacity of a duly authorized missionary of the
American Board of Commissioners for Foreign Missions, under the
authority of the President of the United States, and has not since been
required by him to leave it: that he was, at the time of his arrest,
engaged in preaching the Gospel to the Cherokee Indians, and in
translating the sacred Scriptures into their language, with the
permission and approval of the said Cherokee nation, and in accordance
with the humane policy of the Government of the United States, for the
civilization and improvement of the Indians; and that his residence
there, for this purpose, is the residence charged in the aforesaid
indictment: and this defendant further saith, that this prosecution the
State of Georgia ought not to have or maintain, because, he saith, that
several treaties have, from time to time, been entered into between the
United States and the Cherokee nation of Indians, to wit: at Hopewell,
on the 28th day of November, 1785; at Holston, on the 2d day of July,
1791; at Philadelphia, on the 26th day of June, 1794; at Tellico, on the
2d day of October, 1798; at Tellico, on the 24th day of October, 1804;
at Tellico, on the 25th day of October, 1805; at Tellico, on the 27th
day of October, 1805; at Washington City, on the 7th day of January,
1805; at Washington City, on the 22d day of March, 1816; at the
Chickasaw Council House, on the 14th day of September, 1816; at the
Cherokee Agency, on the 8th day of July, 1817, and at Washington City,
on the 27th day of February, 1819: all which treaties have been duly
ratified by the Senate of the United States of America; and, by which
treaties, the United States of America acknowledge the said Cherokee
nation to be a sovereign nation, authorized to govern themselves, and
all persons who have settled within their territory, free from any right
of legislative interference by the several States composing the United
States of America, in reference to acts done within their own territory;
and, by which treaties, the whole of the territory now occupied by the
Cherokee nation, on the East of the Mississippi, has been solemnly
guarantied to them; all of which treaties are existing treaties at this
day, and in full force.
Public-domain text, read in full here on John Shaqi.
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