Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-03-08
WASHINGTON, March 5.
THE CHEROK EE CASE

IN THE SUPREME COURT UNITED STATES.
Samuel n. Worcester VS.. The State IF Georgia
On Saturday last, Mr. Chief Justice Marshall delivered
the opinion oil the Court in this case reversing the iuq
mcnt OF the Superior Court of Gwinnett county i'm eor
ga he effect OF this decision is that the
Georgia taking possession OF the Cherokee country and
providing Tor the punishment of persons therein resdino
without the license OF The Governor, and without taking
an oath OF allegiance TO the State declared null and
void as contrary TO the constitution treaties and laws OF
the United States.
The opinion of the Chief Justice was very elaborate and
clear. He took review of the origin of the Eurooeap
title TO lands in America upon the ground of discovery
lie established that this right merely conventional
among The European Governments themselves and for te
own guidance and the regulation of their own claims in
regard to each other and in respect changed or affected
10 change The rights OF the Indians occupants OF the
SOIL: That the only effect OF the European title was as he
tween European nations recognise an exclusive rah, Of
trade and Intercourse with the Indians and of ultimate
domain III the territories occupied by the Indians i'm favor
oil The nation or government whose subjects were the first
discoveries: That all the European governments Spon
France, and especially Great Britain uniformly re-
co3scd Inc Indian tribes and nations distinct co,nu-
miles, capable OF, and entitled To-, self government as
states; and in respect except their RIGHT of
course win other European nations and the right of
ephoh IN the discoveries TO purchase their soil as under
the control of the Europeans They were treat
ed as nations capable of holding aud cedin their tero-
rcs, capable OF making treaties conpacs and entitled
or ensaved communities. He demonstrated this from va
os historical facts; and showed that when upon the Re-
voution the United Colonies succeeded TO the RIGHTS and
CLAIMS oil the mother country, the American CONGRESS uni
ormIy adopted and adhered the same doctrine bo, o
conversations that the of
constitution The same doctrine had uniformly prevailed
in all the departments OF the Governments and that the
treaties with the Indians held to be treaties and obli
gaory in the treaties between Europeau
reigns lie showed also that this had been the established
course oil things recognised by Georgia herself from the
adoption OF the Constitution down TO the year 1929 as evil
denced by her solemn acts compacs and laws He then
showed that by the Constitutions the exclusive power be-
Onged TO the u y TO regulate intercourse with the Indians
ana TO receive ccssions OF their lands TO make trea
ties with them That their independence of the State Go.
vcrnnens had been constantly upheld that the right of
possession to their land soenly guaranteed by the
United States and by treaties with them until that title
should, with their consent, be extinguished and that
e laws passed by Congress had regulated the trade and
intercourse with them accordingly He reviewed the
laws oil Georgia in question: and pronounc ed them TO be
pugnan TO the Constitution treaties and laws of the init
cd States And lac concluded by maintaining that the par
" defendant in the present indictment entitled to the
protection of the Constitution, treaties and laws of the
United States and that Georgia had no authority TO
tend her laws the Cherokee country or to punish the
defendant for dsobedicncc those laws in the Cherokee
country.
Mr.. Justice Mclean delivered separate opinon rom
curing in all things in the opinion of the Court MIR
Justice Bald win disscntcd.
On the day, in the of The Proprctors of the
Charles River Bridge the Proprietors of Warren
Bridge Mr. Chief Justice Marshall said that one Judoe
before whom this was argued at the last term being
absent and unable to assist in the decision and there he
ing diversity of opinion on the question among te
Judges, the Court bad ordered the cause TO be continued
to The next term, when argument would probably
be requrcd.--.Ndt. Int.
Letters from Washington Of the 2lst instant state that
Mr. Riyes, Minister the French Court has request
ed leave TO return next autumn.