Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-03-06
THE CHEROKEE CASE.
IN THE SUPREME COURT OF THE U.
STATES

IN THE SUPREME COURT OF IhE y.
STATES.
Samuel fl. Worcester Us. THE State Of Georgia
On Saturday last, Mr.. Chief Justice Marshall
delivered the opinion Of the Court IN this case,
reversing the Judgment of the Superior Court
of Gwinett county, in Georgia. The effect oi
this decision is, that the recent 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 an oath OF allegiance to the
State, are declared null and VOID, as contrary to
the constitution, treaties and laws OF the United
States.
The opinion Of the Chief Justice was very ella
borate and clear. He took a review OF the origin
of the European title to lands in America. upon
the ground of discovery. He established that
this right vas merely conventional among the
European Governments themselves, and tor their
own guidance, and the regulation OF their own
claims in regard to each other, and in no respect
changed or affected to change the rights "f the
Indians AS occupants of the soil: That the only
efe, of the European title was, as between Eu:
ropean nations, to recognise 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 discoveries: That
all the EUROPEAN governments, Spain, France,
and especially Great Britain, had uniformly re-
cosnized the Indian tribes aud nations as distinct
communities, capable Of, and entitled to. sell
government, as States. and in no respect, except
as to their right of intercourse with other Euro.
ppan nations, and the right of presumption IN
the discoveries to purchase their soil, as under
| the control or power OF the Europeans. They
were treated as nations capable of holding and
cetling their territories, capable OF making trea-
ties and cOmpacts, and entitled TO all the powers
of peace and war. and not as conquered or en-.
shaved communities.
He demonstrated this from various historical
facts, & showed that when upon the Revolution the
United Colonies sue, eeded to the rights & claims
Of the mother country, the American Congress
uniformly adopted aud adhered to the same doc
trlne, both before and after the confederation;
that since the adoption of the Constitution the
same doctrine had as uniformly prevailed in all
the departments of the Government, and that the
treaties with the Indians were held to be trea-
ties, and obligatory in the same sense as treaties
between European sovereigns. lie shovel also
tina, this had been the established course of things
recognized by Georgia herself, from the adop-
ton of the Constitution down to the year 1929,
| as eNIieDC'u NY uCt aN'os So"Pos'os h'''
Laws He then showed that BY the Constitution
the exclusive power belonged to the U. S. to re-
gulaye intercourse with the Indians, and to re.
ceive cessions oftheir lands. and to make trea-
ties with them. That their independence of the
State Governments had been constantly upheld;
that the right Of possession to their land was so.
-mnly guaranteed by the U. 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 regulated the trade and
intercourse with them accordingly. He now
viewed the laws Of Georgia in question, and pro-
nounced them to be repugnant to the ConstiIu-
ton, treaties, and laws, of the U States. And
h. concluded BY maintaining that the party de-
PENDANT in the present indictment was entitled TO
the protection Of the Constitution. treaties, and
laws, of the United States and that Georgia had
no authority to extend her laws over the Chero-
kee country, or to punish the defendant for DISC
bediencr to those laws in the Cherokee country
Mr.. Justice NJ, Lean delivered separate OPT
Mon. concurring, in all things. in the opinion Of
the Court. Mr.. Justice Baldwin dissented.