Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-03-30

taken be correct, and think it is, the acts of I
Georgia are rcpugnant TO tho constitution laws, |
and treaties of the United States.
They Interfere iorciby with the relation cstab. !
IShcd between the United States and the Cherokee
nation, the regulation Of which, according to the
settled principles of constitution, are commit
ted exclusively TO the Government of the Union
They arc in direct hostility with treaties, repeat
cd III succession of years, which mark out the
boundary that separates the Cherokee country from
Georgia; guaranty to them all the land within their
boundary; solcmnly pledge the faith of the Uni
ted States to restrain their citizens from trrs
passing on it; and recognize the prc.cXistinp now
cr OF the nation to govern itself.
ihoy are in cgu"l no tility with the act, Of
Congress for regulating this intercourse and .ivinr
circt to the treaties
The lOrcibc seizure and al~licti on Of tI,, ,,;
t!'t In error, who residing in the nation will
rs permission ana by authority NJ the President of
the United States is also violation OF the acts
which authorize the Chief Magistrate to exercise
This authority.
win these powerful considerations avail ,b.,
plaintiff in error? We think they will. lie was
seed and forcbIy carried away while under tho
guardianship OF treaties guarantying the country
III watch he resided, and taking 1T under tho pr,
lection Of the United States lie was seized while
performing, under tho sanction of the Chief NJ,
trotc of the Union, those duties which the human.
policy adopted by Congress had recommended. Uo
was apprehcndCd, tiicd and condemned, under co
Ior o Il law winch has been shown to be rppnCnon,
TO tho constitution, laws, and treaties Of the United
States. Had Judgment, liable 20 the same obiec.
tons, been rendered for properly. none would
question the jurisdiction oC this court. 1t cannot
be less clear when the Judgment affects personal
IhcrIy and innics diseracctul punishment, if pun
IShmcmt could disgrace when inflicted on limo. ,ncc
The plaintiff in is not less interested i'm the
operation OF this unconstitutional law than if j,
affected his property He is not less entitled to tho
protection {" the constitution, laws ana treaties Of
his country.
1t is The opihion Of this court that the Judgment
oi the superior Court for the county of (;winnct,
IN tho State OF Georgia, condcunnnT Samuel \
"rcestcr to hard labor, in the pcnitcntiary of tho
STATE OF Scorgia, for four wears, was pronouuccd
ny that court under color of II law which is void
as hcIng repugnant to the constitution, treaties
and laws OF the United States, and ought, there
totorc to be reversed and annullcd.
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