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.
in the bill of indictment, or any of them: And, therefore, this
defendant prays judgment whether he shall be held bound to answer
further to said indictment?
GEORGIA, _Gwinnett county_:
Personally appeared in open court, Samuel A. Worcester, and, being
sworn, saith, that the several matters and things contained in the
above and foregoing plea, are true in substance and in fact.
Sworn to, and subscribed in open court, this 15th September, 1831.
SAMUEL A. WORCESTER.
JOHN G. PARK, _Clerk_.
_September Term_, 1831.
Pleas to the jurisdiction, &c. overruled by the court.
Arraigned, and pled not guilty.
Copy bill, and list of witnesses, waived.
T. H. TRIPPE, _Sol. Gen._
_Jury sworn and empannelled._
1. James H. Gilreath,
2. Benjamin Towers,
3. Joseph Bolton,
4. Thomas Weems,
5. John Moffett,
6. Wade Peavy,
7. John L. Tippens,
8. Thomas Burge,
9. Eli Elkins,
10. Wm. W. Downs,
11. Matthew Brown,
12. Geo. R. Edwards.
_Verdict._
We, the jury, find the defendants guilty.
JAMES H. GILREATH, _Foreman._
_September_ 15_th_, 1831.
_Sentence._
THE STATE, } _Indictment for residing in the_
_vs._ } _Cherokee nation without license:_
B. F. THOMPSON, AND OTHERS. } _Verdict, "Guilty."_
THE STATE, }
_vs._ } _Indictment for residing in the_
ELIZUR BUTLER, SAMUEL A. } _Cherokee nation without license:_
WORCESTER, AND OTHERS. } _Verdict, "Guilty."_
The defendants, in both of the above cases, shall be kept in close
custody, by the sheriff of this county, until they can be transported
to the penitentiary of this State, and the keeper thereof is hereby
directed to receive them, and each of them, into his custody, and keep
them, and each of them, at hard labor in said penitentiary, for and
during the term of four years."
The case of Elizur Butler, Plaintiff in Error, _versus_ the State of
Georgia, was brought before the Supreme Court in the same manner.
Both cases came on for argument on the 20th of February, 1832, and they
were argued by Mr. Sergeant and Mr. Wirt, for the Plaintiffs in Error.
There was no appearance for the State of Georgia.
On the 3d day of March, 1832, Mr. Chief Justice MARSHALL delivered the
opinion of the Court.
SAMUEL A. WORCESTER, } Opinion of the Supreme Court
_vs._ } of the United States, delivered
THE STATE OF GEORGIA. } by Mr. Chief Justice Marshall,
} at January Term, 1832.
This cause, in every point of view in which it can be placed, is of the
deepest interest.
The defendant is a State, a member of the Union, which has exercised
the powers of government over a People who deny its jurisdiction, and
are under the protection of the United States.
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