Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-03-17
DOMESTIC.
ME CHEROKEE CASE,

TIE CHEROKEE CASE.
Opinion Of The SuPreme Court, delirered Jy M Chic
Justice MARSHALL, January Term, 1882.
SAML. n. WORCESTER rs. The STATE DE GroRs,A
This cause, in every point of view i'm which il
can be placed, is of the deepest interest
The defendant Is State, member of the Union
whlch has exercised the powers of government
over People who deny it's Jurisdiction and oro
under the protection of the United States
The plaintiff is citizen of the State of Vermont
condemned to hard labor for four years i'm the Peni
Tertiary of Georgia. under color of an act which he
alleges to be repugnant to the Constitution. laws
and treaties, oithc United States.
The legislative power of State the controllnp
power OF the Constitution and laws of the United
States, the rights, if they have any, the political
existence OF once numerous and powerful People
the personal liberty of citizen are all involved in
the subject now 10 be considered
IL behooves this Court, in every case more espe-
cioy IN this, to examine into its jurisdiction with
scrunzing eyes, before it proceeds to the exercise
of power which is controvertcd
The first step in the performance of this duty is
the inquiry whether the record is properly before
the Court.
1t is certified by the Clerk of the Court which
pronounced me judgment of condemnation under
which the plaintiff i'm error is imprisoned and ;s
also authenticated by the seal of the Court. II ;s
returned with, and annexed to writ of error issued
IN regular orm the citation being signed by one of
inc Associate Justices of the Supreme Court, and
served on the Governor and Attorney General NJ
the State, more than thirty DAYS before the com
menceneht of the term to which the writ of error
was returnablc.
The judicial act' so far it prcscribcs the mode
OF proceeding, appears to have been literally pur-
sued f
I'm February, 1877, ruef was made on this sub
lect IN the following words: Ii is ordered bv The
Court, that the Clerk of the Court to which onv writ
Oh error snail he directed may make return of the
same by transmitting a copy of the record and
OF all proceedings in the same, under his hand and
the seal of the Court"
This has been done But the signature IF tlc
Judge has not been added to that of the Clerk The
law does not require it, The rule does not REQUIRE II
In the case OF Martin VS.. Hunter'st lessee an cy-
cepon was taken to the return of the refusal of the
state Court 10 enter prior judgment of reversal bv
tins Court because it was not made by the Judge of
inc state Court TO which the writ directed but
the exception was ovcrruled and the return was
held sufficient. In Bue VS.. Van NessS also n writ
oil error TO state Court, the record was authenti-
Gated in the same manner. No exception was taken
TO IT, These were civil cases. But it has been trll-
y said ut the BAR that, in regard to this process the
law makes no distinction between criminal and ci
wi case. The same return is required i'm both If
the sanction ofthe Court could be necessary for the
establishment Of this position it has been silently
given
McCulloch VS.. the State of NIarSand.O WINS o,o;
lam action brought to recover penalty and the re-
cord was authenticated by the sealof the Court and
the signature of the Clerk, without that of a Judge
Brown ct. al VS.. the STATE of Maryland, was an in
this case too, authenticated by the seal of the
Court, and the certificate of the Clerk The proc
tice is both ways.
The record, then, according TO the Judiciary act
ana the rules and practice of the Court is regularly
before us.
The more important inquiry is, does il exhibit
case cognzable by this tribunal?
The Indictment charges the plaintiff in error and
diners, beng white persons, with the offence of s're-
siding within the limits of the Cherokee nation with
out a lccnce," ana without having taken the oath
TO support and defend the Constitution and laws of
the State of Georgia."
The defendant in the State Court appeared in
proper person, and filed the following plea:
"And the said Samuel A. Worcester i'm his own
proper person. comes and says, that this court ought
not To take furtlIer cogniZance Of the action and
prosecution aforesaid, because, Inc says that on the
10Th day OF July, 1881 he was, and still is resi-
dent IN the Cherokee nation; aud that the said siIp-
posed crime or crimes, and each of them, were com,
united, IT committed at ALL at the town of New
Echota, in the said Cherokee nation out of the in
rIsdichon OF this court, and not in the county of
GWnnct, or elsewhere within the Jurisdiction of
tins court: And this defendant saith that he is citi-
zen of the State of Vermont one of the IT. States Of
America, and that he entered the aforesaid Chero-
kee nation in the capacity of a duly authorized
missionary ot thc American Board of Commission
ers, for Foreign Missions under the authority of the
President of the UI6ted States and has MOI since
been required by him to leave it: that me was at the
time OF his arrest, engaged in preaching the GOSPEL
TO the Cherokee Indians, and i'm TRANSMITTING the so
cred Scriptures into their language with the per
mission 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 resi-
dence there for this purpose is the residence care-
Ell IN the aforesaid indictment: And this defendant
further SAITH that this prosecution the State of Geor-
ga ought not To have maintain, because he saith
that several treaties have, from time 10 time been
entered into between the United Stores and the Che
rokee nation of Indians, TO witt at IIopewcll on the
18th day of November, 1875; at ITolsou. ON the o
day OF July, l79l Mt Philadelphia on The 26th doy
of juno, 1874; at Tclico, on the ID day of October
l7sJ5; Mt Telco, ON the 9th day of October. 1901
at Telco, on the 9th day Of October 1905: nj Tel
leo, on the 9th day of October, 1905; at Washing
ton city, on the 9TH day Of January, 1906 Mt Wash
Ington city, on the 22d day of March, 1916; atthe
Cmchasaw Council House OH the 11fh day of
september 1916; at the Cherokee Agency, on
the Sth Gay OF July, 1917; and at Washington city,
on the ~ day of February, 1919: all which
treaties have been duly ratified by the senate
OF the United states of America and by which
trcutes the United States Of America acknov,ledoe
the said Cherokee nation to be Sovereign Nation.
Judicial act sec. 22 % e. 2 n el ~