United States and the Cherokee nation, the regulation of which,
according to the settled principles of our constitution, are committed
exclusively to the Government of the Union.
They are in direct hostility with treaties, repeated in a succession of
years, which mark out the boundary that separates the Cherokee country
from Georgia; guaranty to them all the land within their boundary;
solemnly pledge the faith of the United States to restrain their
citizens from trespassing on it; and recognize the pre-existing power
of the nation to govern itself.
They are in equal hostility with the acts of Congress for regulating
this intercourse and giving effect to the treaties.
The forcible seizure and abduction of the plaintiff in error, who was
residing in the nation, with its permission, and by authority of the
President of the United States, is also a violation of the acts which
authorize the Chief Magistrate to exercise this authority.
Will these powerful considerations avail the plaintiff in error? We
think they will. He was seized, and forcibly carried away, while under
guardianship of treaties guarantying the country in which he resided,
and taking it under the protection of the United States. He was seized
while performing, under the sanction of the Chief Magistrate of the
Union, those duties which the humane policy adopted by Congress had
recommended. He was apprehended, tried, and condemned, under color of a
law which has been shown to be repugnant to the constitution, laws, and
treaties, of the United States. Had a judgment, liable to the same
objections, been rendered for property, none would question the
jurisdiction of this Court. It cannot be less clear when the judgment
affects personal liberty, and inflicts disgraceful punishment, if
punishment could disgrace when inflicted on innocence. The plaintiff in
error is not less interested in the operation of this unconstitutional
law than if it affected his property. He is not less entitled to the
protection of the constitution, laws, and treaties, of his country.
It is the opinion of this Court that the judgment of the Superior Court
for the county of Gwinnett, in the State of Georgia, condemning Samuel
A. Worcester to hard labor, in the penitentiary of the State of
Georgia, for four years, was pronounced by that Court under color of a
law which is void, as being repugnant to the constitution, treaties,
and laws of the United States, and ought, therefore, to be reversed and
annulled.
MANDATE OF THE COURT.
SUPREME COURT OF THE UNITED STATES, _January Term_, 1832.
SAMUEL A. WORCESTER, } _In Error to the Superior_
_Plaintiff in Error_, } _Court for the County of_
_vs._ } _Gwinnett, in the State of_
THE STATE OF GEORGIA. } _Georgia._
This cause came on to be heard on the transcript of the record from the
Superior Court for the County of Gwinnett, in the State of Georgia, and
was argued by counsel: on consideration whereof, it is the opinion of
this Court, that the act of the Legislature of the State of Georgia,
upon which the indictment in this case is founded, is contrary to the
constitution, treaties, and laws, of the United States; and, that the
special plea, in bar, pleaded by the said Samuel A. Worcester, in
manner aforesaid, and relying upon the constitution, treaties, and
laws, of the United States, aforesaid, is a good bar and defence to the
said indictment, by the said Samuel A. Worcester; and, as such, ought
to have been allowed and admitted by the said Superior Court for the
County of Gwinnett, in the State of Georgia, before which the said
indictment was pending and tried; and that there was error in the said
Superior Court of the State of Georgia, in overruling the plea so
pleaded, as aforesaid. It is, therefore, ordered and adjudged, that the
judgment rendered in the premises, by the said Superior Court of
Georgia, upon the verdict upon the plea of Not Guilty, afterwards
pleaded by the said Samuel A. Worcester, whereby the said Samuel A.
Worcester is sentenced to hard labor in the penitentiary of the State
of Georgia, ought to be reversed and annulled. And this Court,
proceeding to render such judgment as the said Superior Court of the
State of Georgia should have rendered, it is further ordered and
adjudged, that the said judgment of the said Superior Court be, and
hereby is, reversed and annulled; and that judgment be, and hereby is,
awarded, that the special plea in bar, so as aforesaid pleaded, is a
good and sufficient plea in bar, in law, to the indictment aforesaid,
and that all proceedings on the said indictment do forever surcease,
and that the said Samuel A. Worcester be, and hereby is, henceforth
dismissed therefrom, and that he go thereof quit without day. And that
a special mandate do go from this Court to the said Superior Court, to
carry this judgment into execution.
MARCH 5, 1832.