Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-03-07
ASy TETS Esxy's .WU5l.
From the National IateHigcncer of YESTERDAY
THE CuEROKEE CASE

fIoHt the NdtiOndf (RfeL!geRCer OF Yes{erduu.
THE CHEROKEE CASE.
IN THE SUPREME COURT OF THE u. s.
Samuel A. Worcester The State of Georgia.
On Saturday last Mr.. Chief Justice MARSHALL
delivered the opinion of the Court in this case se-
versing the judgment of the Superior Court sof
Gwinett County, in Georgia The effect of this
decision is, that the recent acts of Georgia taking
possession OF the Cherokee Country, and providing
tor the punishment of persons therein residing
without the license OF the Governor, and without
taking an oath OF allegiance to the State, are de-
ciared null and void, contrary to the constitu-
ton, treaties, and laws of the United States
The opinion Of the Chief Justice was yery Ella
oorate 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 Europe
an Governments themselves, and for their ow n
guidance, and the regulation of their own claims
in regard to each other, and in respect changed
or affected TO change the rights of tho Indians as
the occupants of the soil: That tho only effect of
the European title was, as between European ma
tons, to recognize exclusive right of trade and
intercourse with the Indians, and OF ultimate do
main in the territories occupied by the Indians in
favor of the nation government whose subjec Is
were the first discoverors: That all the European
Governments, Spain, France, and especially Great
Britain, bad uniformly recognized the Indian
tribes and nations distinct communities capable
of, and entitled to- elEgovcrnment as States and
IN no respect, except 10 their right nf
4
emption in the discoveries TO purchase their soil
as under the control or power of the Europeans
They were treated nations capable of holding &,
cedng their territories, capable Of making tro1-
tics and comPacts, and entitled 10 all the powers
| OF peace and war, and not conquered or en-
| sIavod communities. lie demonstrated this from
various historical facts; and showed that when
| upon the Revolution the United Colonies succeed
ed to the rights and claims of the mother country
| tho American Congress uniformly adopted and
adhered TO the same doctrine, both before and
! after tho confederation; that since the adoption
OF tho Constitution tlic Same doctrine had uni
! formy prevailed in all the departments of the
| Government; and that the treaties with the In.
dams were held to be treaties, and obligatory il,
/ tho same as the treaties between European
sovcrcigns. He showed ESQ that this had boon
| the established course Of things recognised by
Georgia herself, from the adoption Of the COnsti-
tuition down to The yo0r 1879, as evidenced by her
solemn acts, compacts, and laws. lie then show
cd that by the Constitution the exclusive power
! belonged to tho United States to regulate inter.
: course with the Indians, and TO receive cessions
| Of their lands; and 10 make treaties with them
| That their independence Of the State Govern.
ments had been constantly upheld; that the right
of possession to their land solemnly guaran-
eed by the United States and by treaties with them
until that title should, with their consent, be
extingulshed, and that the laws passed. by Con
gress had regulated the trade and intercourse with
tnem accordingly. He ow reviewed the laws oil
georgia in question, and pronounced them to be
rePngnant to the Constitution treaties, and laws
Of the United States. And he concluded by main.