| The State, vs. B. F. Thompson, and others. | } | Indictment for residing in the Cherokee nation without license: Verdict, "Guilty." |
| The State, vs. Elizur Butler, Samuel A. Worcester, and others. | } | Indictment for residing in the Cherokee nation without license: Verdict, "Guilty." |
The defendants, in both of the above cases, shall be kept in close custody, by the sheriff of this county, until they can be transported to the penitentiary of this State, and the keeper thereof is hereby directed to receive them, and each of them, into his custody, and keep them, and each of them, at hard labor in said penitentiary, for and during the term of four years."
The case of Elizur Butler, Plaintiff in Error, versus the State of Georgia, was brought before the Supreme Court in the same manner.
Both cases came on for argument on the 20th of February, 1832, and they were argued by Mr. Sergeant and Mr. Wirt, for the Plaintiffs in Error. There was no appearance for the State of Georgia.
On the 3d day of March, 1832, Mr. Chief Justice Marshall delivered the opinion of the Court.
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Samuel A. Worcester, vs. The State of Georgia. | } | Opinion of the Supreme Court of the United States, delivered by Mr. Chief Justice Marshall, at January Term, 1832. |
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 labor for four years in the penitentiary of Georgia, under color of an act which he alleges to be repugnant to the constitution, laws, and treaties, of the United States.