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.
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. By these treaties, and particularly by the
treaties of Hopewell and Holston, the aforesaid territory is
acknowledged to lie without the jurisdiction of the several States
composing the Union of the United States; and, it is thereby specially
stipulated, that the citizens of the United States shall not enter the
aforesaid territory, even on a visit, without a passport from the
governor of a State, or from some one duly authorized thereto, by the
President of the United States: all of which will more fully and at
large appear, by reference to the aforesaid treaties. And this defendant
saith, that the several acts charged in the bill of indictment, were
done, or omitted to be done, if at all, within the said territory so
recognized as belonging to the said nation, and so, as aforesaid, held
by them, under the guaranty of the United States: that, for those acts,
the defendant is not amenable to the laws of Georgia, nor to the
jurisdiction of the courts of the said State; and that the laws of the
State of Georgia, which profess to add the said territory to the several
adjacent counties of the said State, and to extend the laws of Georgia
over the said territory, and persons inhabiting the same; and, in
particular, the act on which this indictment _vs._ this defendant is
grounded, to wit: "An act entitled an act to prevent the exercise of
assumed and arbitrary power, by all persons, under pretext of authority
from the Cherokee Indians, and their laws, and to prevent white persons
from residing within that part of the chartered limits of Georgia,
occupied by the Cherokee Indians, and to provide a guard for the
protection of the gold mines, and to enforce the laws of the State
within the aforesaid territory," are repugnant to the aforesaid
treaties; which, according to the constitution of the United States,
compose a part of the supreme law of the land; and that these laws of
Georgia are, therefore, unconstitutional, void, and of no effect; that
Public-domain text, read in full here on John Shaqi.
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