Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1861-03-01

] J
missionary work. The missionaries did not
meddle with questions of mere politics, but
in every way compatible with their posi-
/ ton, they befriended the Indians and en-
deavored to shield them from oppression.
This exasperated the Georgians, and the
! Legislature Of that State enacted a law
| declaring all white persons who should be
found within the limits of the Cherokee
nation on the lst March, 1881, guilty of
high misdemeanor, and punishable by I'M
prsonment in the penitentiary, at hard la
Dor for four years, unless they should have
taken an oath to support the constitution
and laws of the State Of Georgia, and to
demean themselves uprlghtly as citizens
thereof This oath Mr.. Worcester and his
associates could not conscientlously take,
and for reasons which they set forth with
great cogency in a published document.
There was good reason to believe that the
expulsion Of the missionaries was the OBJ
cct particularly sought by the law, and
with their views Of duty no other course
| remained than to continue at their posts,
allotted to their missionary la5ors, and
abide the consequences. On the Sabbath
18th March, 1881 shortly after returning
from public worship, Mr.. Worcester was
arrested by a military company, without
any form of civil process; but on being
brought before Judge Of the County Court,
on q writ Of habcas corpus, he was dis
charged. This decision was disapproyed
by the Governor of Georgia, and the mis-
sionaries were notified by letter from him
that unless they removed within ten days
they would be arrested again. On the 7th
of July Mr. Worcester and ten other per-
sons, some Of them Methodist Ministers,
some Moravians and some laymcn, were
arrested Some of them were treated with
great and unnecessary rigor, but Mr.. Wor-
cestcr was at length released upon giving
security for his appearance at the Septem-
Der Term of the Supreme Court. The
trial took place at Lawrcnceyille, 18th
September, and though the defence was
ably conducted by Messrs Chester, Harris,
Underwood and Harden, the prisoners were
speedily found guilty, and sentenced to the
full penalty Of the statute. Upon their
arrival at the penitentiary the Governor
offered to pardon them if they would either
abandon their missionary labors, or take
an oath to sustain the State in smeasures
against the Chcrokecs. All the prisoners
except Mr.. Worcester and Dr. Elijah But
Ter promised to comply with this condition
and were discharged. They remained faith
ful to their convictions Of duty, and were
! shut up in prison to associate with ielcnS
for four years. They Immediately them
selves about doing good in the pcnitentiary
BY permission Of the keepers they had
evening worship every night in their rooms,
which the other prisoners were allowed to
attend On the Sabbath they preached to
the prisoners. both in the forenoon and af-
ternoon, having a congregation Of between
sixty and seventy in number Great sym
pathy was manifested by the American
people for the imprisoned missionaries
! By aDpointmcnt Of the American Board OF
Commissioners for Foreign Missions, the
first Monday in December was observed as
a special concert Of prayer in their behalf,
bv all the churches connected with the
board. The synod of North Carolina, the
Union Prcsbytcry Of East Tennessee, the
Presbytery of North Alabama, and various
other ecclesiastical bodies North and South
passed resolutions strongly approving the
conduct of the missionaries, and sympathls'
inr with them in their persecution.
In the meantime a writ Of error to tho
Supreme Court Of the United States wa,
sued out and served upon the Governor
and the Attorney general Of Georgia and
Wm. Writ, of Baltimore, and John Ser
reqnt of Philadelphia, who were then a
the height Of their reputation as lawyers
were retained as counsel for the mlsslona
rics. In several of the large cities and II
some smaller places, funds were raised bl
subscription to defray the expense OF th'
trial. The case was argued on the list
22d and 23d of February, 1882, and th'
oninion of the Court was pronounced by
Chief Justice Marshall, on the Sd Of March
He examined at length the nature and ex
tent of the right of disoovery-the ongI
nal ground on which different Europeai
movers laid claim to different parts OF tn
American Continent, the manner IN Whlcl
Indian lands had been obtained, the lmpor
and binding obligations Of treaties wit
Indians. and the manner in which the Con
stitution and laws of the United States re
lating to Indian affairs were to be uhdei
stood. He also examined the laws c
GEORGIA. extending the jurisdiction OF tina
State over the Cherokee country, undc
which the missionaries were imprisoned
and declared them repugnant to the Ooi
stitution of the United States ana tner'
fore void. An order for the lmmGala'
release of the missionaries was issued, an
disnatched to the authorities OF Georgl;
The decision of the Supreme Court wa
Immediately laid before the Court IN Geo
: oia and motion made that the sentenC
! of imprisonment should be reversed 81
the spirit of notification was then rampal
: At the South, and the Court not only reJe
tod the motion, but refused to permit tn
motion or their decision upon 1t,
anv memorandum by which 1t might al
near that such motion had ever pe'
, made. to be entered upon the record. I
c tbe 4th day of April, 1888, written m m
mortal was presented to Gov; LumPkl
5 setting forth the refusal OF the state G you
+ to obey the mandate OF the supreme Coal
! and praying for him to use MS eAccu'l ~
d mower for the discharge Of the prisoner
? To this he refused to give any written
IN IN ply. but stated orally that the rcqu'
would not he GRANTED.
res Measures were now taken to bring thee;
lIe 1Te again before the Supreme Court and lnyo
NY the power Of the United States to cniol
lhe the decision. But the missionaries W.
ny now urged by many persons Of emneI
East and virtue, among whom were Mr.. Berrlt
III the Attorney-General of the United Stat
hee II to discontinue their proceedings, and acct
Tor pardon from the Governor. 1t "
we'd urged that they ought to sacrifice their p
In vate feelings for the sake Of preventing
the extraordinary public agitation, (if not