Opinion of the Supreme Court of the United States, at January Term, 1832, Delivered by Mr. Chief Justice Marshall in the Case of Samuel A. Worcester, Plaintiff in Error, versus the State of Georgia / With a Statement of the Case, Extracted from the Records of the Supreme Court of the United States - John Marshall

MANDATE OF THE COURT.

Supreme Court of the United States, January Term, 1832.

Samuel A. Worcester,
Plaintiff in Error,
vs.
The State of Georgia.

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In Error to the Superior Court for the County of Gwinnett, in the State of 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.

Footnotes

[ ¹ ] Judicial act, sec. 22, 25, v. 2. pp. 64, 65.

[ ² ] 6 Wh. Rules.

[ ³ ] 1st Wh. 304, 361.