Worcester v. Georgia
Supreme Court of the United States
THIS was a writ of error to the superior court for the county of Gwinnett, in the staté of Georgia. On the 22d December 1S30, the legislature of the state of Georgia passed the following act: “An-act to prevent the exercise of assumed and arbitrary-power, by all persons, under pretext ol authority from the Cherokee Indians and their laws, and to prevent white persons from residing within that part of the chartered limits óf Georgia, occupied by the Cherokee .Indians, and to…
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THIS was a writ of error to the superior court for the county of Gwinnett, in the staté of Georgia. On the 22d December 1S30, the legislature of the state of Georgia passed the following act: “An-act to prevent the exercise of assumed and arbitrary-power, by all persons, under pretext ol authority from the Cherokee Indians and their laws, and to prevent white persons from residing within that part of the chartered limits óf Georgia, occupied by the Cherokee .Indians, and to provide a guard for the protection of the gold mines, and to enforce the laws of the state within the aforesaid…
1Opinion of the CourtChief Justice Marshall
This cause, in every point of view in which it can be placed, is of the deepest interest.
The defendant is a state, a member of the union, which has exercised the powers of government over a people who deny its jurisdiction, and are under the protection of the United States.
The plaintiff is a citizen of the state of Vermont, condemned to hard labour for four' years in the penitentiary of Georgia; under colour of an act which he alleges to be repugnant to the constitution, laws, and treaties of the United States.
The legislative power of a state, the controlling power of the constitution and…
2Cases cited5 opinions
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- Cohens v. VirginiaSupreme Court of the United States · 1821
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Johnson & Graham's Lessee v. McIntoshSupreme Court of the United States · 1823
- Buel v. Van NessSupreme Court of the United States · 1823
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