The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-03-14
WAsnIxGroN CIV, March 3.
THE CHEROKEE CASE.


In The Supreme Court Of the United Stafes.
S. A. Worcester Us. The State of Georgia.
On Saturday last Mr.. Chief Justice Mar
shall delivered the opinion of the Court IN
this case, reversing the judgment of the
Superior Court of Gwinett county, in Geor-
gia. The effect o; this decision is, that the
reccn: acts Of Georgia, taking possession
of the Cherokee country. and providing for
the punishment of persons therein residing
without the license of the Governor, and
without taking IN oath of allegiance to the
State, are declared null and void, as con-
trary TO the constitution, treaties, and laws
of the United States.
The opinion Of TIE Chief Justice was very
elaborate and clear. lie took review of
the origin of the European title to lands in
America, upon the ground Of discovery
He established that this right was merely
conventional among the European Govern
ments themselves and for their own guild
ance. and the regulation oftheir own claims
in regard to each other, and in no respect
changed or affected to change the rights of
the Intians as occupants of the soil: That
the only effect of the European tile was,
ms between European nations, TO recognize
an exclusive right of trade and intercourse
with the Indians, and of ultimate domain
in the territories occupied by the Indians in
favor of the nation or government whose
subjects were the first discovelers. That all
the European governments Spain, France,
and especially Grnat Britain, had u:iform-
| " recognized the Indian tribes and ma
tons rs distinct communities, capable of,
and entitled to, selfgovernment, rs States,
and in no respect, except as to their right of
intercourse with other European nations,
and the right Of presumption in the discov-
ere.s to purchase their soil, MS under the
control or power of the Europeans. They
were treated as nations capable of holding
and ceding their territories, capable of max
ing treaties and compacts. and entitled to
all the powers of peace and war, and not
as conquered or enslaved communities.
He demonstrated this from various his
torcal facts; and showed that when upon
the Revolution the United Colonies sue
ceeded to the rights and claims of the moth
err country, the American Congress uni
formly adopted and adhered to the same
doctrine, both before and after the confed-
Grafton; that since the adoption ofthe Con-
stitution, the same doctrine had as uniform
" prevailed in all the departments of the
.
Indians were held TO he treaties, and oblig-
atory in the same sense as treaties between
European sovereigns. He showed also that
this had been the established course of
things recognized by Georgin herself, from
the adoption of the Constitution down to the
wear 1920, as evidenced by her solemn
acts, compacs and laws. He then showed
that by the Constitution the exclusive pow
er belonged to the United States to regu-
late intercourse with the Indians, and 10
receive cessions of their lands, and to make
treaties with them. That their independ-
ence of the State Governments had been
constantly upheld that the right of pos
session to their lands was solemnly guar
anteed by the United States and by trea-
ties with them, until that title should, with
their own consent, be extinguished, and
that the laws passed by Congress had reg
ulated the trade and intercourse with them
accordingly. He now reviewed the laws
of Georgia in question, and pronounced
, them to be repugnant to the Constitution
treaties and laws Of the United States
t And he concluded by maintaining that the
party defendant in the present indict
!, ment. was entlIled 10 the protection o.
the Constitution, treaties, and laws of the
} United States; and that Georgia had nc
authority to extend her laws over the Cher.
for disobedience to those laws in the Cher
, okee country.
Mr.. Justice Mclean delivered separate
opinion, concurrng, in al. things, in the
opinion of the Court.