explaining that the Constitution vests Congress with broad Indian affairs powers and that Congress has “[f]rom the commencement of our government . . . passed acts to regulate trade and intercourse with the Indians; which treat the[ tribes] as nations, respect their rights, and manifest a firm purpose to afford that protection which treaties stipulate”
How later courts described this case
- explaining that the Constitution vests Congress with broad Indian affairs powers and that Congress has “[f]rom the commencement of our government . . . passed acts to regulate trade and intercourse with the Indians; which treat the[ tribes] as nations, respect their rights, and manifest a firm purpose to afford that protection which treaties stipulate”
- concluding that the 1791 treaty of Holston between the United States and the Cherokee nation precluded the state of Georgia from criminally adjudicating non-Indians for actions that occurred on tribal land
- stating that “[t]he constitution . . . adopted and sanctioned the previous treaties with the Indian nations, and consequently admit[ted] their rank among those powers who are capable of making treaties”
- explaining that the array of Indian affairs powers conferred on Congress by the Constitution “comprehend all that is required for the regulation of our intercourse with the Indians”
Written by the judges who cited it.
Later courts went against this
Reported overruled on other grounds by Nevada v. Hicks, 533 U.S. 353 (2001) — not on the Supreme Court's list
31 U.S. 515, 557 (1832), overruled on other grounds by Nevada v. Hicks, 533 U.S. 353, 361-62
Supreme Court of the United StatesJun 25, 20012 citing opinionsother groundsunconfirmed confidenceRead it
The opinion
Mr Justice Baldwin
dissented: stating that-in his opinion, the record was. not properly returned upon the writ of error; and ought to have been returned by the state court, and not by the clerk of. that court. As to the merits, he said his opinion remained the same as was expressed by him in the case of the Cherokee Nation v. The State of Georgia, at the last term.
The opinion of Mr'Justice Baldwin wasnotdelivéred to the reporter.
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 bjr 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 *597 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, wherebythe said Samuel A. Worcester is sentenced to hard labour 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 indictme.nt aforesaid; and that all proceedings on the said indictment do for ever 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.
In the case of Butler, Plaintiff in Error v. The State of Georgia, the same judgment was given by the court, and a special mandate was ordered from the court to the superior court of Gwinnett county, to carry the judgment into execution.